Notices. Notice of request for public comments

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BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 1-05084] Issuer Delisting; Notice of Application of Tasty Baking Company To Withdraw Its Common Stock, $.50 Par Value, and Common Stock Purchase Rights From Listing and Registration on the New York Stock Exchange, Inc. February 7, 2006. On October 19, 2005, Tasty Baking Company, a Pennsylvania corporation (“Issuer”), filed an application with the Securities and Exchange Commission (“Commission”), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 12d2-2(d) thereunder, 2 to withdraw its common stock, $.50 par value, and common stock purchase rights (collectively “Securities”), from listing and registration on the New York Stock Exchange, Inc.

(“NYSE”). 1 15 U.S.C. 78 *l* (d). 2 17 CFR 240.12d2-2(d). The Board of Directors (“Board”) of the Issuer approved resolutions on October 6, 2005 to withdraw the Securities from listing and registration on the NYSE and to list the Securities on the Nasdaq National Market (“Nasdaq”). The Board determined that it is in the best interests of the Issuer to list the Securities on Nasdaq. The Issuer stated in its application that it has complied with NYSE's rules governing an issuer's voluntary withdrawal of a security from listing and registration by providing NYSE with the required documents governing the removal of securities from listing and registration on NYSE.

The Issuer's application relates solely to the withdrawal of the Securities from listing on the NYSE and from registration under Section 12(b) of the Act, 3 and shall not affect its obligation to be registered under Section 12(g) of the Act. 4 3 15 U.S.C. 78 *l* (b). 4 15 U.S.C. 78 *l* (g). Any interested person may, on or before March 6, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of NYSE, and what terms, if any, should be imposed by the Commission for the protection of investors.

All comment letters may be submitted by either of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/delist.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include the File Number 1-05084 or; Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number 1-05084.

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/delist.shtml* ). Comments are also available for public inspection and copying in the Commission's Public Reference Room. 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. The Commission, based on the information submitted to it, will issue an order granting the application after the date mentioned above, unless the Commission determines to order a hearing on the matter. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 5 5 17 CFR 200.30-3(a)(1). Nancy M. Morris, Secretary. [FR Doc. E6-2012 Filed 2-13-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53234;

File No. SR-Amex-2006-009] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to “All or None” Orders February 6, 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 February 2, 2006, the American Stock Exchange LLC (“Amex” or “Exchange”) 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 the Amex.

On February 3, 2006, the Exchange submitted Amendment No. 1 to the proposed rule change. 3 The Exchange filed the proposed rule change, as amended, as a “non-controversial” rule change under Rule 19b-4(f)(6) under the Act, 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, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Partial Amendment No. 1 (“Amendment No. 1”) corrects an error in the heading of Exhibit 5 of Form 19b-4. 4 17 CFR 240.19b-4(f)(6).

I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Amex proposes to eliminate the “all or none” (“AON”) order type. 5 The text of the proposed rule change, as amended, is below. Proposed new language is in *italics.* Proposed deletions are in [brackets]. 5 The Exchange is proposing to eliminate the AON order type for equities (including Exchange Traded funds, Trust Issued Receipts and other equity traded products), options, and bonds.

Rule 118. Trading in Nasdaq National Market Securities (a)-(p) No change.

(q)An institutional order is a limit order for a Nasdaq National Market Security of 10,000 shares or more transmitted to the order book electronically which is to be executed automatically in full at one price. If it is not executed automatically in full at one price, it is to be routed to the specialist for execution and may be partially executed. [Unlike an all or none order, a] *A* n institutional order has standing on the limit order book. An institutional order may not be entered for the proprietary account of a broker-dealer. Rule 122. Bids or Offers for More Than Unit of Trading Bids or offers for more than one unit of trading shall be deemed to be for the amount thereof or a smaller number of units[, except that bids or offers may be made and executed “all or none” if all of the following conditions are met: Bids or offers, “all or none”

(1)The securities bid for or offered are bonds;

(2)The amount bid for or offered equals or exceeds $25,000 of par value;

(3)The bid or offer is executed at a price higher than the best bid price and lower than the best offer price, “regular way,” at the time of execution]. Rule 124. Types of Bids and Offers (a)-(f) No change. [“All or none”

(g)“All or none,” *i.e.* , that the bid or offer is for an amount of securities equal to the total amount of securities bid for or offered and no less; provided, however, that such condition may be specified only in accordance with the provisions of Rule 122.] Rule 128A. Automatic Execution

(a)No change.

(b)Definitions: Amex Published Quote (“APQ”)—Specialist/Registered Trader Quantity—No change. Available Book Quantity: The Available Book Quantity is the number of shares on the order book at the APQ plus additional orders on the book that can be executed at or within the APQ minus shares on the book priced at or within the APQ that cannot be executed by their terms ( *e.g.* , [all or none orders and ]tick sensitive orders). Trade Threshold—Maximum Spread Value—No change. (c)-(i) No change.

(j)Auto-Ex Unavailability. Auto-Ex will be unavailable in the following situations. (i)-(vii) No change.

(viii)Auto-Ex will not occur with respect to an incoming Auto-Ex Eligible [All Or None or] Institutional Order in the event that there is insufficient size to execute the order in full at one price. (ix)-(xi) No change.

(xii)[Auto-Ex will not occur if it would cause a trade to occur through the price of an all or none order on the book. (xiii)] Auto-Ex will not occur if there are orders on both sides of the market when the order book comes out of a Freeze condition to allow the specialist to pair-off the orders. ( *xiii* ) [(xiv)] Auto-Ex will not occur if the spread exceeds the Maximum Spread Value. Auto-Ex Eligible Orders that are not automatically executed will be routed to the specialist for handling. Rule 131. Types of Orders (a)-(b) No change. [All or none order

(c)An all or none order is a market or limited price order which is to be executed in its entirety or not at all, but, unlike a fill or kill order, is not to be treated as cancelled if not executed as soon as it is represented in the Trading Crowd. The making of “all or none” bids or offers in stocks is prohibited, and the making of “all or none” bids or offers in bonds is subject to the restrictions of Rule 122.] (d)-(t) No change. Rule 904. Position Limits (a)-(b) No change. * * * Commentary .01-.09 No change. .10 No change. (a)-(b) No change.

(c)The facilitation firm shall comply with the following provisions regarding the execution of its customer's order and its own facilitating order:

(1)Neither the customer order nor the facilitation order may be contingent on [“all or none” or] “fill or kill” instructions;

(2)The orders may not be executed until Rule 950(d) procedures have been satisfied and all market participants have been given a reasonable time to participate in the order. .11 No change. Rule 904C. Position Limits (a)-(d) No change. * * * Commentary .01 No change. .02 No change. (a)-(b) No change.

(c)The facilitation firm shall comply with the following provisions regarding the execution of its customer's order and its own facilitating order:

(1)Neither the customer order nor the facilitation order may be contingent on [“all or none” or] “fill or kill” instructions;

(2)The orders may not be executed until Rule 950(d) procedures have been satisfied and all market participants have been given a reasonable time to participate in the order; 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, 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. The Amex 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, Proposed Rule Change 1. Purpose The Exchange proposes the elimination of the AON order type. The Amex states that, Exchange Rule 131(c) defines an AON order as a market or limited price order which is to be executed in its entirety or not at all, but, unlike a “fill or kill” 6 order, is not to be treated as cancelled if not executed as soon as it is represented in the Trading Crowd. 6 The Exchange states that, Amex Rule 131(i) defines a “fill or kill” order as a market or limited price order which is to be executed in its entirety as soon as it is represented in the Trading Crowd, and such order, if not so executed, is to be treated as cancelled. The Amex states that, for purposes of this definition, a “stop” is considered an execution. The Amex states, that a fill or kill order for securities other than options sent to the order book electronically and not executed by Auto-Ex would be cancelled immediately. The Amex believes that, AON orders are unnecessary and should be eliminated because:

(i)AON orders are infrequently used and represent a very small percentage of order flow;

(ii)the resources and programming effort necessary to support AON orders cannot be justified;

(iii)the availability of “immediate or cancel” 7 and “fill or kill” orders provide a better substitute for customers seeking similar types of executions; and

(iv)AON orders cannot be represented in the Amex's published best bid/offer due to the conditional nature of the order's execution. 7 The Exchange states that, Amex Rule 131(k) defines an “immediate or cancel” order as a market or limited price order which is to be executed in whole or in part as soon as such order is represented in the Trading Crowd, and the portion not so executed is to be treated as cancelled. The Amex states that, for the purposes of this definition, a “stop” is considered an execution. The Amex states that, in the case of an immediate or cancel order for securities other than options sent to the order book electronically, any portion not executed by Auto-Ex would be cancelled automatically. In support of the infrequent use of AON orders, Amex states that, an analysis of all AON equity orders on the Exchange for the months of November 2005 and December 2005 revealed that AON orders are infrequently used and represent a very small percentage of equity order flow. The Exchange notes that out of 7,854,438 and 8,736,624 orders entered on the Exchange during November 2005 and December 2005, respectively, only 53,405, or 0.68% and 54,607, or 0.63%, respectively, were AON orders. In addition, approximately 70.1% and 72.1% of these AON orders that were entered during the respective months of November and December were cancelled. The Amex states that, similarly, an analysis of all AON options orders on the Exchange for the months of November 2005 and December 2005 also revealed that AON orders are infrequently used and represent a very small percentage of options order flow. The Exchange notes that out of 1,093,173 and 996,564 orders entered on the Exchange during November 2005 and December 2005, respectively, only 6,857, or 0.63% and 4,278 or 0.43%, respectively, were AON orders. In addition, approximately 26.6% and 28.3% of these AON orders that were entered during the respective months of November and December were cancelled. Additionally, Amex notes that the New York Stock Exchange (the “NYSE”) filed a proposal with the Commission in July 2005 to eliminate the AON order type citing similar reasons. 8 The Exchange believes that the AON order type should be eliminated, and accordingly, all references to AON orders should be eliminated from relevant Amex rules. 8 Securities Exchange Act Release No. 52154 (July 28, 2005), 70 FR 44966 (August 4, 2005) (order approving file No. SR-NYSE-2005-51). 2. Statutory Basis The Exchange believes that its proposal, as amended, is consistent with section 6(b) of the Act 9 in general, and furthers the objectives of section 6(b)(5) of the Act 10 in particular, in that it is 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 regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and national market system and, in general, to protect investors and the public interest; and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers, or to regulate by virtue of any authority conferred by the Act matters not related to the purpose of the Act or the administration of the Exchange. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change, as amended, will impose any inappropriate 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 The Exchange states that, no written comments were solicited or received with respect to the proposed rule change, as amended. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change, as amended, does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 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), the proposed rule change, as amended, has become effective pursuant to section 19(b)(3)(A) of the Act 11 and subparagraph (f)(6) of Rule 19b-4 thereunder. 12 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 13 However, Rule 19b-4(f)(6)(iii) 14 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has satisfied the five-day filing requirement. In addition, the Exchange has requested that the Commission waive the 30-day pre-operative delay and designate the proposed rule change, as amended, to become upon filing. The Commission believes that waiving the 30-day pre-operative delay is consistent with the protection of investors and the public interest because it would allow the Exchange to expeditiously eliminate an infrequently used order type, which may increase the efficiency of the Exchange. The Commission also notes that this proposed rule change, as amended, is similar to SR-NYSE-2005-51. 15 For the reasons stated above, the Commission designates the proposal, as amended, to become effective and operative immediately. 16 13 17 CFR 240.19b-4(f)(6)(iii). 14 *Id* . 15 *See supra,* note 8. 16 For purposes only of accelerating the operative date of this proposal, the Commission has considered the impact of the proposed rule on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. 17 17 The effective date of the original proposed rule change is February 2, 2006, and the effective date of Amendment No. 1 is February 3, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change, as amended, the Commission considers the period to commence on February 3, 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-Amex-2006-009 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 20549-1090. All submissions should refer to File Number SR-Amex-2006-009. 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 the principal office of the Amex. 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-Amex-2006-009 and should be submitted on or before March 7, 2006. 18 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 18 Jill M. Peterson, Assistant Secretary. [FR Doc. E6-2011 Filed 2-13-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53235; File No. SR-NYSE-2005-92] Self-Regulatory Organizations; New York Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change and Amendment No. 1 Thereto Relating to Increasing Certain Fees Charged by the Exchange to Its Members and Member Organizations February 6, 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 New York Stock Exchange, Inc. (“NYSE” 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 NYSE. On February 2, 2006, the NYSE filed Amendment No. 1 to the proposed rule change. 3 The Exchange has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the NYSE under section 19(b)(3)(A)(ii) of the Act, 4 and Rule 19b-4(f)(2) 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 In Amendment No. 1, the NYSE made non-substantive changes to the text of the proposed rule change. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The NYSE proposes to modify certain fees that the Exchange charges its members and member organizations. The proposed rule change increases the following fees:

(1)Margin Extension Fees;

(2)The Series 7 (General Securities Registered Representative) Examination Development Fee;

(3)Statutory Disqualification Fees; and

(4)the session fee for the regulatory element of the continuing education requirements of NYSE Rule 345A (“Continuing Education for Registered Persons”). Below is the text of the proposed rule change. Proposed new language is in *italics* ; proposed deletions are in [brackets]. NYSE 2005 Price List Pages 1-8 No changes. Registration Fees Credit Extensions Amount per extension [$2.00] *$4.00* 6 6 The $4.00 fee is effective as of January 1, 2006. The fee was $2.00 prior to January 1, 2006. Statutory Disqualification *Filing* Fee [1,000.00] *$1,500.00* Statutory Disqualification Review Fee *$1,000.00* 7 7 The $1,000.00 fee is effective as of January 1, 2006. There was no fee before for the review of statutory disqualification applications, prior to January 1, 2006. *Regulatory Element Fee* *$75.00* 8 8 The $75.00 fee is effective as of January 1, 2006. The fee was $60.00, prior to January 1, 2006. Testing Fees: Please call 212.656.2578 for information. Qualification Examinations Series 7 Fee *$100.00 * 9 9 The $100.00 fee is effective as of January 1, 2006. The fee was $90.00, prior to January 1, 2006. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NYSE 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. NYSE 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 proposes to increase certain qualification examination and regulatory fees 10 it assesses on its members and member organizations. 10 The 2005 Price List delineates Regulatory Fees, except for Qualification Examinations. The Price List can be found at *http://www.nyse.com/pdfs/2005pricelist_a.pdf* . It will be updated in 2006 to also include qualification examination fees. *Margin Extension Fees.* Under Regulation T 11 of the Federal Reserve System and Rule 15c3-3 12 under the Act, broker-dealers may file on behalf of customers requests to extend under “exceptional circumstances” the time period which customers have to pay for a security purchased or to deliver a security sold. Since January 1978, the Exchange has charged member organizations a $2 fee per extension request for processing these extensions of time through the Exchange's automated Margin Extension Systems (“MEX”). 13 MEX maintains a history of Regulation T extensions submitted to the Exchange for each customer, and thus helps prevent excessive numbers of requests and customer abuses of the extension privilege. 11 12 CFR 220.1-12. 12 17 CFR 240.15c3-3. 13 *See* NYSE Information Memo 77-59, dated December 30, 1977 in which the Exchange announced a new fee schedule for charges for specific services, including extension charges, provided by the Exchange. As a result of enhancements to the MEX systems, increasing costs associated with providing these services to broker-dealers on behalf of customers and expenses incurred in monitoring for compliance with applicable margin and sales practice rules the Exchange is proposing to increase this fee to $4 an extension request. The proposed fee increase would be effective January 1, 2006. *Series 7 Examination Development Fee.* The Series 7 (General Securities Registered Representatives Qualification Examination) is developed, maintained, and owned by the Exchange. It is intended to safeguard the investing public by helping to ensure that registered representatives are competent to perform their jobs. Given this purpose, the Series 7 examination seeks to measure accurately and reliably the degree to which each candidate possesses the knowledge, skills and abilities needed to perform the critical functions of a registered representative. The examination is 6 hours and consists of 250 multiple-choice questions. Currently the fee for the Series 7 examination is $225. Of the $225, the NASD receives $135 and the Exchange receives $90. The NASD's fee is based on the cost to NASD to schedule and administer the examination, maintain records, and undertake systems changes. The Exchange development fee includes costs incurred to develop and implement the Series 7 examination as well as to monitor for compliance with applicable registration, reporting and sales practices rules. NASD has filed a proposed rule change increasing the administration fee to $150. 14 This fee applies to all NYSE members and member organizations that are also members of NASD and to NYSE only members and member organizations. 14 *See* Securities Exchange Act Release No. 52981 (December 19, 2005), 70 FR 76480 (December 27, 2005) (SR-NASD-2005-133). The actual change proposed in the filing is an increase in the Series 7 fee from $225 to $250, of which $150 is the administration fee paid to the NASD. The Exchange proposes to increase the development fee from $90 to $100. The total examination and development fees for each individual who takes the Series 7 examination for registration as a Registered Representative will be $250. The fee would be effective January 1, 2006. Since the implementation of the Series 7 examination, the Exchange has continued to update, as necessary, the examination content and questions, maintain statistics and conduct various committee meetings. Accordingly, this fee will be reassessed on an on-going basis, as is the case with various other NYSE qualification examinations. *Statutory Disqualification Fees* . NYSE Rule 346(f) (Limitations-Employment and Association with Members and Member Organizations) provides, in part, that except as otherwise permitted by the Exchange, no member, member organization, allied member, approved person, or employee shall have associated with it any person who is known to be subject to a statutory disqualification as defined in section 3(a)(39) 15 of the Act. NYSE Rule 346 further provides that any member organization seeking permission to have such person continue to be or become associated with it shall pay a fee in an amount to be determined by the Exchange. 15 15 U.S.C. 78c(a)(39). The Act prohibits a person (including broker-dealers) subject to a statutory disqualification ( *e.g.* , a suspension or bar by the Commission or another exchange or being convicted of certain criminal activities) from being associated with a broker-dealer unless specific application to the Commission for such association is made by a self-regulatory organization (“SRO”) on behalf of the person. The SRO makes such application after investigation of the facts surrounding the request. Specifically, Rule 19h-1 16 under the Exchange Act provides, in part, that any SRO proposing to admit or continue any person's association with a member, notwithstanding a statutory disqualification, as defined in section 3(a)(39) under the Exchange Act, 17 shall file a notice with the Commission of such proposed admission or continuance. 18 16 17 CFR 240.19h-1. 17 As a result of the Sarbanes-Oxley Act, persons found to have violated certain state securities and insurance regulations and banking laws are also now subject to statutory disqualification. 18 Under Rule 19h-1, a member organization willing to employ a person subject to a statutory disqualification makes an application to the Exchange for approval. If the Exchange approves the employing firm's application, it would submit it to the Commission. In connection with a Rule 19h-1 filing made on behalf of an individual, the various Exchange Divisions, including Member Firm Regulation and Enforcement, review various documents, including a description of the individual's proposed duties and responsibilities. In conducting such reviews, the Exchange examines the circumstances surrounding the statutory disqualification and requests verification that all terms and conditions of the disqualification are met. Further, the Exchange reviews the firm's disciplinary and examination history, including any open matters before its Enforcement division. The purpose of the review is to ensure that adequate supervisory procedures are in effect. In connection with the Rule 19h-1 filing, the Exchange also responds to comments by Commission staff. 19 19 In certain instances, the Commission may request additional information or recommend that additional supervisory controls be in place before approving an application. When such filings are made on behalf of an entity ( *e.g.* , a member firm), the process is similar to what is described above. In addition, the Exchange will request information from a firm as to what procedures were put in place to prevent a recurrence, and/or verification of payment of fines and/or compliance with an undertaking. The Exchange's Enforcement Division reviews the filings/applications and documents in making an evaluation into the nature of the crime and/or offense committed by the statutory disqualification, and where appropriate, conducts further background research, *e.g.* , examining court decrees, in completing its review. Currently, pursuant to NYSE Rule 346(f), when a member organization seeks approval to remain or become associated with a person subject to any statutory disqualification, the Exchange imposes a $1,000 fee for filing the notice pursuant to Commission Rule 19h-1 under the Act. 20 In instances, where the Exchange is not required to make such a notice filing ( *e.g.* , clerical and ministerial persons engaged in securities activities) but nevertheless reviews the request, it currently assesses no fee. Although no fees are currently charged for such reviews, the Exchange, as noted below, nevertheless incurs expenses in connection with such reviews. 20 *See* Securities Exchange Act Release No. 26674 (March 29, 1989), 54 FR 13801 (April 5, 1989) (SR-NYSE-88-45). As a result of costs associated with the development and maintenance of a new system 21 to track statutory disqualifications, the increased cost of processing filings and the increased costs of conducting examination oversight of statutory disqualifications, the Exchange is proposing that a fee in the amount of $1,000 be charged in instances where reviews are performed but a Rule 9h-1 filing is not required. 22 In instances where the Exchange is making the Rule 19h-1 filing, it is proposing that such fee be increased from $1,000 to $1,500. 23 The proposed fees of $1,000 and $1,500 are comparable to those charged by NASD. 24 The proposed fee increase would be effective January 1, 2006. 21 In May 2005, Member Firm Regulation implemented its new Statutory Disqualification/Special Supervision (SD/SS) System to track statutory disqualifications. 22 *See* Securities Exchange Act Release No. 25383 (February 23, 1988), 53 FR 6046 (February 29, 1988) (SR-NASD-88-3) 23 *See* Securities Exchange Act Release No. 34897 (October 26, 1994), 59 FR 54648 (November 1, 1994) (SR-NASD-94-57). 24 *See supra* notes 21 and 22. *Regulatory Element Fee.* NYSE Rule 345A provides in part, that no member or member organization shall permit any registered person to continue to, and no registered person shall continue to perform duties as a registered person unless such person has complied with the Regulatory Element 25 continuing education requirements of NYSE Rule 345A. 25 *See* NYSE Rule 345A(a). The Regulatory Element requires each subject registered person to complete a standardized, computer-based, interactive continuing education program within 120 days of their second registration anniversary date and every three years thereafter, or as otherwise prescribed by the Exchange. The purpose of this requirement is to help ensure that registered persons are kept up-to-date on regulatory, compliance, and sales practice-related industry rules and issues. There are three Regulatory Element programs: The S201 Supervisor Program, the S106 Series 6 Program, and the S101 General Program for Series 7 and all other registrations. Persons who fail to complete the Regulatory Element within the prescribed time frame are deemed inactive and may not perform, nor receive compensation for, functions requiring registration. The Regulatory Element is a component of the Securities Industry Continuing Education Program (“Program”) under NYSE Rule 345A. The Securities Industry/Regulatory Council on Continuing Education (“Council”) 26 was organized in 1995 to facilitate cooperative industry and regulatory coordination of the administration and future development of the Program in keeping with applicable industry regulations and changing industry needs. Its roles include recommending and developing specific content and questions for the Regulatory Element, defining minimum core curricula for the Firm Element component of the Program, and developing and updating information about the Program for industry-wide dissemination. 26 The Council currently consists of 20 individuals, 14 of whom are securities industry professionals associated with NASD member firms and six of whom represent self-regulatory organizations (the American Stock Exchange LLC, the Chicago Board Options Exchange, Incorporated, the Municipal Securities Rulemaking Board, NASD, the New York Stock Exchange, Inc., and the Philadelphia Stock Exchange, Inc.). It is the Council's responsibility to maintain the Program on a revenue neutral basis while maintaining adequate reserves for unanticipated future expenditures. 27 In December 2003, the Council voted to reduce the Regulatory Element session fee from $65 to $60, effective January 1, 2004, in order to reduce the reserves to a level necessary to support current and expected programs and expenses. The Council decided to review the reserve level and evaluate the Regulatory Element session fee on an annual basis. The 2004 financial review and evaluation produced no change in the Regulatory Element session fee. In September 2005, the Council's annual financial review and evaluation revealed that unless the Regulatory Element session fee were adjusted, the Council's reserves were likely to be insufficient in 2006. The reasons for the declining surplus are:

(1)Lower than projected session volume resulting in a significant decrease in actual revenue over projected revenue;

(2)higher delivery-related expenses beginning in 2006; and

(3)costs associated with the rebuilding of PROCTOR®. 28 At its September 2005 meeting, the Council voted unanimously to increase the Regulatory Element session fee from $60 to $75 effective January 1, 2006, in order to meet costs and maintain an adequate reserve in 2006. 29 27 The Regulatory Element session fee was initially set at $75 when NASD established the continuing education requirements in 1995. The session fee was reduced in 1999 to $65 and again in 2004 to $60. The proposed increase returns the Regulatory Element session fee to its original 1995 level. 28 PROCTOR® is an NASD technology system that supports computer-based testing and training. The Regulatory Element program uses PROCTOR® to package content, deliver, score and report results, and maintain and generate statistical data related to the Program. 29 *See* Securities Exchange Act Release No. 52947 (December 13, 2005), 70 FR 75517 (December 20, 2005) (SR-NASD-2005-132). The proposed implementation date is January 1, 2006. 2. Statutory Basis The NYSE believes the proposed rule change is consistent with section 6(b) of the Act, 30 in general, and furthers the objectives of section 6(b)(4) 31 of the Act in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members, and issuers and other persons using its facilities. 30 15 U.S.C. 78f(b). 31 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition NYSE does not believe that the proposed rule change will impose 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 NYSE has neither solicited nor received comments on the proposed rule change. 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)(ii) of the Act 32 and Rule 19b-4(f)(2) thereunder, 33 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 the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 34 32 15 U.S.C. 78s(b)(3)(A)(ii). 33 17 CFR 240.19b-4(f)(2). 34 The effective date of the original proposed rule change is December 23, 2005, and the effective date of Amendment No. 1 is February 2, 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 February 2, 2006, the date on which the NYSE 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-NYSE-2005-92 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 20549-1090. All submissions should refer to File Number SR-NYSE-2005-92. 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 offices of the NYSE. 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-NYSE-2005-92 and should be submitted on or before March 7, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 35 35 17 CFR 200.30-3(a)(12). Jill M. Peterson, Assistant Secretary. [FR Doc. E6-2010 Filed 2-13-06; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE [Public Notice: 5307] 60-Day Notice of Proposed Information Collection: Form DS-3097, Exchange Visitor Program Annual Report, and OMB Control Number 1405-0151 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget

(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. *Title of Information Collection:* Exchange Visitor Program Annual Report. *OMB Control Number:* 1405-0151. *Type of Request:* Extension of a Currently Approved Collection. *Originating Office:* Educational and Cultural Affairs, Office of Exchange Coordination and Designation, ECA/EC/PS. *Form Number:* Form DS-3097. *Respondents:* Designated J-1 program sponsors. *Estimated Number of Respondents:* 1468. *Estimated Number of Responses:* 1468 annually. *Average Hours per Response:* 1 hour. *Total Estimated Burden:* 1468 hours. *Frequency:* Annually. *Obligation to Respond:* Mandatory. DATES: The Department will accept comments from the public up to 60 days from date of publication in the **Federal Register.** ADDRESSES: You may submit comments, identified by any of the following methods: • E-mail: *jexchanges@state.gov.* You must include the RIN in the subject line of your message. • Mail (paper, disk, or CD-ROM submissions): U.S. Department of State, Office of Exchange Coordination and Designation, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547. • Fax: 202-203-5087. Persons with access to the Internet may also view this notice and provide comments by going to the regulations.gov Web site at: *http://www.regulations.gov/index.cfm.* FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director, Office of Exchange Coordination and Designation, U.S. Department of State, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547; or e-mail at *jexchanges@state.gov.* SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. Abstract of Proposed Collection Annual reports from designated program sponsors assist the Department in oversight and administration of the J-1 visa program. The reports provide statistical data on the number of exchange participants an organization sponsored per category. Program sponsors include government agencies, academic institutions, not-for-profit and for-profit organizations. Methodology Annual reports are run through the Student and Exchange Visitor Information System (SEVIS) and then printed and sent to the Department. The Department allows sponsors to submit annual reports by mail or fax at this time. There are measures being taken to allow sponsors to submit the reports electronically in the future. Dated: January 3, 2006. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E6-2050 Filed 2-13-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Request

(ICR)abstracted below has been forwarded to the Office of Management and Budget

(OMB)for review and comment. The ICR describes the nature of the information collections and their expected burden. The **Federal Register** Notice with a 60-day comment period was published on December 1, 2005 in Volume 70, Number 230 on pages 72145-72146. DATES: Comments must be submitted on or before 30 days from the date of publication of this notice. FOR FURTHER INFORMATION CONTACT: Donna Glassbrenner, PhD, at the National Highway Traffic Safety Administration, Mathematical Analysis Division, NPO-121, 400 Seventh Street, SW., Room 6125, Washington, DC 20590. Dr. Glassbrenner can also be reached at

(202)366-3962. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration *Title:* National Survey of the Use of Booster Seats. *OMB Number:* 2127-0644. *Type of Request:* 3-year extension of approval for information collection. *Abstract:* The National Survey of the Use of Booster Seats is being conducted to respond to the Section 14(i) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000. The Act directs the Department of Transportation to reduce the deaths and injuries among children in the 4-to-8 year old age group that are caused by failure to use a booster seat by 25 percent. Conducting the National Survey of the Use of Booster Seats will provide the Department with invaluable information on who is and is not using booster seats, helping the Department better direct its outreach programs to ensure that children are protected to the greatest degree possible when they ride in motor vehicles. The OMB approval for this survey is scheduled to expire on March 31, 2006. NHTSA seeks an extension to this approval in order to continue to obtain this important survey data, saving more children and helping to comply with the TREAD Act requirement. *Affected Public:* Motorists in passenger vehicles at gas stations, fast food restaurants, and other types of sites frequented by children during the time in which the survey is conducted. *Estimated Total Annual Burden:* 320 hours. *Number of Respondents:* Approximately 4,800 adult motorists will respond to survey questions about the children in their vehicle. ADDRESSES: Send comments within 30 days to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725-17th Street, NW., Washington, DC 20503, Attention: NHTSA 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 estimate 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. A comment to OMB is most effective if OMB receives it within 30 days of publication. Issued in Washington, DC, February 2006. Joseph Carra, Associate Administrator for the National Center for Statistics and Analysis, NHTSA. [FR Doc. 06-1360 Filed 2-13-06; 8:45 am]

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