Notices. Call for Nominations

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BILLING CODE 4410-15-M DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification The following parties have filed petitions to modify the application of existing safety standards under section 101(c) of the Federal Mine Safety and Health Act of 1977. 1. FMC Corporation [Docket No. M-2006-001-M] FMC Corporation, Box 872, Green River, Wyoming 82935 has filed a petition to modify the application of 30 CFR 57.22305 (Approved equipment (III mines)) to its FMC Westvaco Mine (MSHA I.D.

No. 48-00152) located in Sweetwater County, Wyoming. The petitioner requests a modification of the existing standard to permit a submersible mine pump to be operated in a flooded area of the mine, and installed and operated through a borehole from the surface. The petitioner asserts that the proposed alternative method will not reduce the safety of the miners. 2. Laurel Creek Company, Inc. [Docket No. M-2006-007-C] Laurel Creek Company, Inc., P.O. Box 57, Dingess, West Virginia 25671 has filed a petition to modify the application of 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility) to its No. 5 Mine (MSHA I.D.

No. 46-09132) located in Mingo County, West Virginia. The petitioner proposes to use high-voltage (2400-volt) continuous mining machines in and inby the last open crosscut of the No. 5 Mine. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Request for Comments Persons interested in these petitions are encouraged to submit comments via E-mail: *zzMSHA-Comments@dol.gov;* Fax:

(202)693-9441; or Regular Mail/Hand Delivery/Courier: Mine Safety and Health Administration, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209. All comments must be postmarked or received in that office on or before April 14, 2006. Copies of these petitions are available for inspection at that address. Dated at Arlington, Virginia this 9th day of March 2006. Robert F. Stone, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. E6-3748 Filed 3-14-06; 8:45 am] BILLING CODE 4510-43-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-341] Detroit Edison Company; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of the Detroit Edison Company (the licensee) to withdraw its March 17, 2005, application for proposed amendment to Facility Operating License No. NPF-43 for Fermi 2, located in Monroe County, Michigan. The proposed amendment would have revised the facility technical specifications

(TSs)pertaining to TS 3.3.6.1, “Primary Containment Isolation Instrumentation,” to correct a formatting error introduced during conversion to Improved Technical Specifications by replacing “1” per room with “2” per room for the required channels per trip system for the reactor water cleanup area ventilation differential temperature high primary containment isolation instrumentation. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the **Federal Register** on April 26, 2005 (70 FR 21449). However, by letter dated January 31, 2006, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated March 17, 2005, and the licensee's letter dated January 31, 2006, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams/html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 7th day of March, 2006. For the Nuclear Regulatory Commission. David H. Jaffe, Sr. Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-3717 Filed 3-14-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on the Medical Uses of Isotopes: Call for Nominations AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Call for Nominations. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is advertising for nominations for the position of radiation oncology physician, specialized in gamma steriotactic radiosurgery on the Advisory Committee on the Medical Uses of Isotopes (ACMUI). DATES: Nominations are due on or before May 15, 2006. ADDRESSES: Submit four copies of your resume or curriculum vitae to the Office of Human Resources, Attn: Ms. Joyce Riner, Mail Stop T2D32, U.S. Nuclear Regulatory Commission, Washington, DC 20555. FOR FURTHER INFORMATION CONTACT: Mohammad S. Saba, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone

(301)415-7608; e-mail *mss@nrc.gov.* SUPPLEMENTARY INFORMATION: The ACMUI advises NRC on policy and technical issues that arise in the regulation of the medical use of byproduct material. Responsibilities include providing comments on changes to NRC rules, regulations, and guidance documents; evaluating certain non-routine uses of byproduct material; providing technical assistance in licensing, inspection, and enforcement cases; and bringing key issues to the attention of NRC, for appropriate action. ACMUI members possess the medical or technical skills needed to address evolving issues. The current membership is comprised of the following professionals:

(a)Nuclear medicine physician;

(b)nuclear cardiologist;

(c)medical physicist in nuclear medicine unsealed byproduct material;

(d)therapy medical physicist;

(e)radiation safety officer;

(f)nuclear pharmacist;

(g)two radiation oncologists;

(h)patients' rights advocate;

(i)Food and Drug Administration representative;

(j)Agreement State representative; and

(k)health care administrator. NRC is inviting nominations for the radiation oncologist physician appointment to the ACMUI. The term of the individual currently occupying this position will end September 30, 2006. Committee members will serve a 4-year term. Committee members may be considered for reappointment to one additional term. Nominees must be U.S. citizens and be able to devote approximately 160 hours per year to Committee business. Members who are not Federal employees are compensated for their service. In addition, members are reimbursed travel (including per-diem in lieu of subsistence) and are reimbursed secretarial and correspondence expenses. Full-time Federal employees are reimbursed travel expenses only. *Security Background Check:* Nominees will undergo a thorough security background check to obtain the security clearance that is mandatory for all ACMUI members. This check will include a requirement to complete financial disclosure statements to avoid conflict-of-interest issues. The security background check will involve the completion and submission of paperwork to NRC and will take approximately four weeks to complete. Dated at Rockville, Maryland this 9th day of March, 2006. For the Nuclear Regulatory Commission. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E6-3716 Filed 3-14-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 040-08838] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for the Department of the Army's Facility at Jefferson Proving Ground AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Availability. FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Project Manager, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Telephone:

(301)415-5869; fax number:

(301)415-5398; e-mail: *tgm@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission

(NRC)is considering issuance of a license amendment to the Department of the Army (Army or licensee) for License No. SUB-1435. The amendment would authorize an alternate decommissioning schedule pursuant to 10 Code of Federal Regulations

(CFR)part 40.42(g)(2), for the Army to conduct site characterization and prepare and submit a decommissioning plan for its facility at Jefferson Proving Ground, Madison, Indiana. NRC has prepared an Environmental Assessment

(EA)in support of this action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of this proposed action is to amend Radioactive Materials License SUB-1435 to allow the Army to decommission its Jefferson Proving Ground facility using an alternate schedule for submittal of a decommissioning plan pursuant to 10 CFR part 40.42(g)(2). The Army is requesting a 5-year period to characterize the site and submit a decommissioning plan. The Army's request is contained in a letter to NRC dated May 25, 2005. The NRC staff has determined that all steps in the proposed site characterization could be accomplished in compliance with the NRC public and occupational dose limits and effluent release limits. In addition, the staff has concluded that approval of the alternate decommissioning schedule would not result in a significant adverse radiological or non-radiological impact on the environment. If the NRC approves the license amendment, the authorization will be documented in an amendment to NRC License No. SUB-1435. However, before approving the proposed amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC's regulations. These findings will be documented in a Safety Evaluation Report in addition to the EA. III. Finding of No Significant Impact The staff has prepared the EA (summarized above) in support of the Army's proposed alternate schedule for submittal of a decommissioning plan. The NRC staff has concluded that there will be no significant adverse environmental impacts associated with approving the Army's license amendment request. On the basis of the EA, the NRC has concluded that the environmental impacts from the action are expected to be insignificant and has determined not to prepare an environmental impact statement for the action. IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agency-wide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the documents related to this notice are: The Army's letter to NRC dated May 25, 2005, ML051520319; the EA prepared for this action, ML053130257; **Federal Register** Notice for Amendment No. 13, ML053220289. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . Any questions should be referred to Thomas McLaughlin, Division of Waste Management and Environmental Protection, U.S. Nuclear Regulatory Commission, Washington DC 20555, Mailstop T-7E18, telephone

(301)415-5869, fax

(301)415-5397. Dated at Rockville, Maryland, this seventh day of March, 2006. For the Nuclear Regulatory Commission. Claudia M. Craig, Acting Deputy Director, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-3715 Filed 3-14-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 72-17] Portland General Electric; Trojan Independent Spent Fuel Storage Installation; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding a License Amendment AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact. FOR FURTHER INFORMATION CONTACT: Jill S. Caverly, Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone:

(301)415-6699; Fax number:

(301)415-8555; E-mail: *jsc1@nrc.gov* . Introduction The U.S. Nuclear Regulatory Commission (NRC, or the staff) is considering issuance of a license amendment to the Portland General Electric Company (PGE, or the licensee) for Special Nuclear Materials License SNM-2509. An Environmental Assessment was issued at the time of the application for the license and a determination of a Finding of No Significant Impact was finalized on November 11, 1996. The current amendment request was submitted to the NRC under letter dated May 23, 2005, [ADAMS Accession Number ML051460408]. The request is in accordance with 10 *Code of Federal Regulations*

(CFR)72.48(c)(2) and 10 CFR 72.56 for a license amendment that would approve a change that would result in a departure from a method of evaluation described in the Trojan Independent Spent Fuel Storage Installation (ISFSI) Safety Analysis Report (SAR). An ISFSI is defined in 10 CFR part 72 as “a complex designed and constructed for the interim storage of spent nuclear fuel, solid reactor related waste * * * and other radioactive materials associated with spent fuel. * * *” The result of the amendment would be revised methodology used to determine the controlled area boundary for the ISFSI, which would reduce the controlled area (controlled area as defined in 10 CFR part 20) from 300 meters from the edge of the concrete storage pad to 200 meters from the edge of the pad. Environmental Assessment

(EA)I. Identification of Proposed Action The Trojan ISFSI is located at PGE's former Trojan Nuclear Plant near Rainier, Oregon. The proposed action before the NRC is the approval of methodology for determining the controlled area at the ISFSI that will result in moving the boundary of the controlled area. PGE has requested a license amendment in accordance with 10 CFR 72.48(c)(2) and 10 CFR 72.56 to revise the method of evaluation used in the SAR for determining the controlled area of the Trojan ISFSI. The current Trojan ISFSI Controlled Area boundary was established at 300 meters based on the results of the Trojan ISFSI shielding and confinement analyses and the requirements of 10 CFR 72.104 and 72.106. The current shielding analysis was performed prior to loading the ISFSI storage casks to conservatively predict dose rates. For the proposed license amendment, PGE revised the shielding calculation to include actual direct radiation measurements. The revised calculations show that the requirements of 10 CFR part 72 are met if the controlled area is reduced from 300 meters from the edge of the pad to 200 meters to the edge of the pad. The proposed action will not require any physical changes to fences or construction at the site but will relocate dosimeters to 200 meters from the edge of the pad. II. Need for the Proposed Action PGE is seeking this reduction of the Trojan ISFSI Controlled Area primarily to facilitate the efficient long-term management and security of the spent nuclear fuel and fuel-related materials stored in the ISFSI. This change would eliminate the Trojan ISFSI's program and procedural requirements for access controls on site areas for which such controls are not necessary or warranted to ensure the protection of the health and safety of the public and the environment. PGE has completed decommissioning of the adjoining 10 CFR part 50 site and seeks to consolidate the remaining area of its responsibility. The area between the current and revised controlled area has been analyzed for contamination under the Trojan Nuclear Plant's decommissioning program. A final radiologic survey will be required at the time of ISFSI decommissioning. III. Environmental Impacts of the Proposed Action The staff has determined that although the proposed action will result in a reduction in the current controlled area boundary, the ISFSI will continue to meet the requirements of 10 CFR part 72. The proposed action does not involve a significant increase in the probability or consequences of an event or accident previously evaluated nor does it create a possibility of a new or different kind of event. The staff concludes that there is reasonable assurance that the proposed changes in the methodology will have no impact on off-site radiation doses. Additionally, the staff has determined that there would be no impacts to the environment from the proposed action. IV. Alternative to the Proposed Action As an alternative to the proposed action, the staff considered denial of the amendment request (i.e., the “no-action” alternative). Thus, the no action alternative would leave the current controlled area boundary in place at 300 meters from the edge of the concrete storage pad. No environmental impacts would result from the no action alternative. V. Agencies and Persons Consulted The NRC staff prepared this environmental assessment (EA). The U.S. Fish and Wildlife Service's Threatened and Endangered Species System was consulted and reviewed as well the species analysis in the EA conducted for the original ISFSI license (November 1996). Based on the very limited activity of moving dosimeters and the staff's overall analysis, involvement of the human environment is minimal for this proposed action and essentially the same as the current environmental conditions. Hence, this action does not warrant consultation for further input and analysis under section 7 of the Endangered Species Act or section 106 of the National Historic Preservation Act. VI. Conclusions The staff analysis of the PGE proposed amendment concludes that issuing the amendment to allow for a revised methodology to calculate the boundary of the controlled area in the SAR will not result in significant environmental consequences. Hence, the staff recommends a Finding of No Significant Impact. VII. Sources NRC, Environmental Assessment dated November 1996. PGE, application dated May 23, 2005. PGE, Safety Analysis Report, Rev 6., dated July 21, 2005. U.S. Fish and Wildlife Service, Threatened and Endangered Species System ( *http://www.fws.gov* ). Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR part 51. Based upon the foregoing EA, the NRC finds that the proposed action of approving the amendment to the license will not significantly impact the quality of the human environment. Accordingly, the NRC has determined that an environmental impact statement for the proposed amendment is not warranted. Further Information In accordance with 10 CFR 2.390 of NRC's “Rules of Practice,” final NRC records and documents regarding this proposed action, including the amendment request dated May 23, 2005, are publicly available in the records component of NRC's Agencywide Documents Access and Management System (ADAMS). These documents may be inspected at NRC's Public Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* These documents may also be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or

(301)415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 6th day of March 2006. For the Nuclear Regulatory Commission. Jill Caverly, Project Manager, Licensing Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-3714 Filed 3-14-06; 8:45 am] BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Required Interest Rate Assumption for Determining Variable-Rate Premium for Single-Employer Plans; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of interest rates and assumptions. SUMMARY: This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: The required interest rate for determining the variable-rate premium under part 4006 applies to premium payment years beginning in March 2006. The interest assumptions for performing multiemployer plan valuations following mass withdrawal under part 4281 apply to valuation dates occurring in April 2006. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: Variable-Rate Premiums Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income Security Act of 1974 (ERISA) and § 4006.4(b)(1) of the PBGC's regulation on Premium Rates (29 CFR part 4006) prescribe use of an assumed interest rate (the “required interest rate”) in determining a single-employer plan's variable-rate premium. The required interest rate is the “applicable percentage” (currently 85 percent) of the annual yield on 30-year Treasury securities for the month preceding the beginning of the plan year for which premiums are being paid (the “premium payment year”). (After a five-year hiatus, the Treasury Department issued 30-year securities during February 2006. To take yields on the new securities into account, the Internal Revenue Service has determined the annual yield on 30-year Treasury securities for February 2006 to be the average of the yield on the 30-year Treasury bond maturing in February 2031 determined each business day in February 2006 through February 8, 2006, and the yield on the 30-year Treasury bond maturing in February 2036 determined each business day for the balance of February 2006. The required interest rate to be used in determining variable-rate premiums for premium payment years beginning in March 2006 is 3.89 percent ( *i.e.* , 85 percent of the 4.58 percent Treasury securities rate for February 2006). The Pension Funding Equity Act of 2004 (“PFEA”)—under which the required interest rate is 85 percent of the annual rate of interest determined by the Secretary of the Treasury on amounts invested conservatively in long-term investment grade corporate bonds for the month preceding the beginning of the plan year for which premiums are being paid—applies only for premium payment years beginning in 2004 or 2005. Congress is considering legislation that would extend the PFEA rate for one more year. If legislation that changes the rules for determining the required interest rate for plan years beginning in March 2006 is adopted, the PBGC will promptly publish a **Federal Register** notice with the new rate. The following table lists the required interest rates to be used in determining variable-rate premiums for premium payment years beginning between April 2005 and March 2006. For premium payment years beginning in: The required interest rate is: April 2005 4.78 May 2005 4.72 June 2005 4.60 July 2005 4.47 August 2005 4.56 September 2005 4.61 October 2005 4.62 November 2005 4.83 December 2005 4.91 January 2006 3.95 February 2006 3.90 March 2006 3.89 Multiemployer Plan Valuations Following Mass Withdrawal The PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281) prescribes the use of interest assumptions under the PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044). The interest assumptions applicable to valuation dates in April 2006 under part 4044 are contained in an amendment to part 4044 published elsewhere in today's **Federal Register** Tables showing the assumptions applicable to prior periods are codified in appendix B to 29 CFR part 4044. Issued in Washington, DC, on this 8th day of March 2006. Vincent K. Snowbarger, Deputy Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. E6-3699 Filed 3-14-06; 8:45 am] BILLING CODE 7709-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 1-31227] Issuer Delisting; Notice of Application of Cogent Communications Group, Inc. To Withdraw Its Common Stock, $.001 Par Value, From Listing and Registration on the American Stock Exchange LLC March 9, 2006. On March 3, 2006, Cogent Communications Group, Inc., a Delaware 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, $.001 par value (“Security”), from listing and registration on the American Stock Exchange LLC (“Amex”). 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 July 11, 2005, and confirmed such authorization on February 7, 2006 to withdraw the Security from listing on Amex and register and list the Security on the Nasdaq National Market (“Nasdaq”). The Board believes that Nasdaq will provide greater exposure of the Security to investors, especially as more members of the Issuer's peer group of communications companies have a Nasdaq listing rather than an exchange listing. The Issuer stated that on February 28, 2006, Nasdaq approved the Issuer's application to list the Security on Nasdaq. The Issuer expects the Security to trade on Nasdaq on or about March 6, 2006. The Issuer stated in its application that it has met the requirements of Amex Rule 18 by complying with all applicable laws in effect in the State of Delaware, in which it is incorporated, and provided written notice of withdrawal to Amex. The Issuer's application relates solely to withdrawal of the Security from listing on Amex 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 April 3, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of Amex, 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 1-31227 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 1-31227. 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. E6-3690 Filed 3-14-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 1-14625] Issuer Delisting; Notice of Application of Host Marriott Corporation To Withdraw Its Common Stock, $.01 Par Value and Purchase Share Rights for Series A Junior Participating Preferred Stock, $.01 Par Value, From Listing and Registration on the Chicago Stock Exchange, Inc. March 9, 2006. On March 3, 2006, Host Marriott Corporation, a Maryland 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, $.01 par value, and purchase share rights for series A junior participating preferred stock, $.01 par value (collectively “Securities”), from listing and registration on the Chicago Stock Exchange, Inc. (“CHX”). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2-2(d). The Board of Directors (“Board”) approved resolutions on February 9, 2006 to delist the Securities from listing and registration on CHX. The Issuer stated that the following reasons factored into the Board's decision:

(i)There is very little activity in the Securities on CHX;

(ii)the low trading volume of the Securities on CHX does not justify the expense of continued listing, and such continued listing is considered by the Board to be a misuse of corporate resources; and

(iii)the Securities are listed on the New York Stock Exchange, Inc. (“NYSE”) and will continue to be listed on NYSE. The Issuer stated in its application that it has complied with applicable rules of CHX by complying with all applicable laws in effect in the State of Maryland, the state in which it is incorporated, and by providing CHX with the required documents governing the withdrawal of securities from listing and registration on CHX. The Issuer's application relates solely to the withdrawal of the Securities from listing on CHX and shall not affect their continued listing on NYSE, the Pacific Exchange, Inc. (“PCX”), 3 or their obligation to be registered under Section 12(b) of the Act. 4 3 The Issuer filed an application with the Commission to withdraw the Securities from listing and registration on PCX on March 3, 2006. Notice of such application will be published separately. 4 15 U.S.C. 78 *l* (b). Any interested person may, on or before April 3, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of CHX, 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 • Send an e-mail to *rule-comments@sec.gov.* Please include the File Number 1-14625 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 1-14625. 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. E6-3692 Filed 3-14-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 1-14625] Issuer Delisting; Notice of Application of Host Marriott Corporation To Withdraw Its Common Stock, $.01 Par Value and Purchase Share Rights for Series A Junior Participating Preferred Stock, $.01 Par Value, From Listing and Registration on the Pacific Exchange, Inc. March 9, 2006. On March 3, 2006, Host Marriott Corporation, a Maryland 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, $.01 par value, and purchase share rights for series A junior participating preferred stock, $.01 par value (collectively “Securities”), from listing and registration on the Pacific Exchange, Inc. (“PCX”). 1 15 U.S.C. 78 *l* (d). 2 17 CFR 240.12d2-2(d). The Board of Directors (“Board”) approved resolutions on February 9, 2006, to delist the Securities from listing and registration on PCX. The Issuer stated that the following reasons factored into the Board's decision:

(i)There is very little activity in the Securities on PCX;

(ii)the low trading volume of the Securities on PCX does not justify the expense of continued listing, and such continued listing is considered by the Board to be a misuse of corporate resources; and

(iii)the Securities are listed on the New York Stock Exchange, Inc. (“NYSE”) and will continue to be listed on NYSE. The Issuer stated in its application that it has complied with applicable rules of PCX by complying with all applicable laws in effect in the State of Maryland, the state in which it is incorporated, and by providing PCX with the required documents governing the withdrawal of securities from listing and registration on PCX. The Issuer's application relates solely to the withdrawal of the Securities from listing on PCX and shall not affect their continued listing on NYSE, the Chicago Stock Exchange, Inc. (“CHX”), 3 or their obligation to be registered under Section 12(b) of the Act. 4 3 The Issuer filed an application with the Commission to withdraw the Securities from listing and registration on CHX on March 3, 2006. Notice of such application will be published separately. 4 15 U.S.C. 78 *l* (b). Any interested person may, on or before April 3, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, 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 • Send an e-mail to *rule-comments@sec.gov.* Please include the File Number 1-14625 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 1-14625. 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. E6-3696 Filed 3-14-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53454; File No. SR-BSE-2006-01] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment Nos. 1 and 2 Thereto To Establish Fees for Options on Certain Exchange Traded Funds March 8, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 4, 2006, the Boston Stock Exchange, Inc. (“BSE” 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 BSE. On February 1, 2006, the BSE filed Amendment No. 1 to the proposed rule change. 3 On February 6, 2006, the BSE filed Amendment No. 2 to the proposed rule change. 4 The BSE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the BSE under Section 19(b)(3)(A)(ii) of the Act, 5 and Rule 19b-4(f)(2) thereunder, 6 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 was withdrawn on February 2, 2006. 4 Amendment No. 2 made changes to the filing to supplement the names of certain of the underlying exchange traded funds (“ETFs”) to reflect their full titles as used by their respective sponsors and clarified that

(1)the fees will be charged only to Boston Options Exchange (“BOX”) Participants,

(2)the products in this filing constitute “Fund Shares” as defined in the BOX Rules, and

(3)the surcharge fee for trading in options on the products in this filing is equal to the cost charged to BOX by the licensor in the associated licensing agreement. The changes in Amendment No. 2 do not affect the fees for transactions in options on the ETFs covered by this filing. 5 15 U.S.C. 78s(b)(3)(A)(ii). 6 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Fee Schedule of the BOX to establish fees for transactions in options on certain ETFs effected by a broker-dealer through its proprietary accounts. The text of the proposed rule change is below. Proposed new language is in *italics;* proposed deletions are in [brackets]. Boston Options Exchange Facility Fee Schedule [(as of October 2005)] (as of January 2006) Sec. 1 No Change. Sec. 2 Trading Fees Broker Dealer Proprietary Accounts Subsections

(a)and

(b)No Change. c. Plus, where applicable, any surcharge for options on ETFs that are passed through by BOX. The applicable surcharges are as follows:

(1)$0.10 per contract for options on the ETF Nasdaq 100 (“QQQQs”). *(2) $0.10 per contract for options on the Standard & Poor's Depository Receipts (SPY).* *(3) $0.10 per contract for options on the iShares Nasdaq Biotechnology Index Fund (IBB). * *(4) $0.10 per contract for options on the iShares Russell 2000 Index Fund (IWM).* *(5) $0.10 per contract for options on the iShares Russell 2000 Growth Index Fund (IWO).* *(6) $0.09 per contract for options on the S&P Energy Select Sector SPDR Fund (XLE).* *(7) $0.09 per contract for options on the S&P Financial Select Sector SPDR Fund (XLF).* Sec. 3-6 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, the BSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The BSE 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 BSE is proposing to amend the BOX's Fee Schedule to establish surcharge fees for certain ETF option transactions effected through broker-dealer proprietary accounts. Currently, BOX assesses a surcharge fee for options on the ETF Nasdaq 100 (“QQQQ”) that are effected through broker-dealer proprietary accounts. 7 BOX is proposing to establish similar surcharge fees for transactions in options on Standard & Poor's Depository Receipts (“SPY”), the iShares Nasdaq Biotechnology Index Fund (“IBB”), the iShares Russell 2000 Index Fund (“IWM”), the iShares Russell 2000 Growth Index Fund (“IWO”), the S&P Energy Select Sector SPDR Fund (“XLE”), and the S&P Financial Select Sector SPDR Fund (“XLF”). 8 The amount of the surcharge fee will vary, as specified in the Fee Schedule, depending on the ETF, and will range from nine

(9)cents to ten

(10)cents per contract. The Exchange believes the proposed rule change will further the Exchange's goal of introducing new products to the marketplace that are competitively priced. 7 BSE represents that fees will be charged only to BOX Participants. The Commission notes that, pursuant to Section 19(b)(1) of the Act and Rule 19b-4 thereunder, the BSE filed with the Commission a proposed rule change to enact various fees for the BOX facility, including a fee for trades executed via the InterMarket Linkage, which fee was approved on a pilot basis and which is “equivalent to the regular trading fee for Market Maker and broker-dealer accounts on BOX.” *See* Securities Exchange Release Nos. 48787 (November 14, 2003), 68 FR 65477 (November 20, 2003) (SR-BSE-2003-17) (Notice of filing of proposed rule change); 49066 (January 13, 2004), 69 FR 2775 (January 20, 2004) (SR-BSE-2003-17) (Order approving the fee schedule and approving the Linkage fees on a pilot basis until January 31, 2004). Specifically, the Commission notes that, under this pilot program, inbound Principal and Principal as Agent orders sent to BOX via InterMarket Linkage are subject to a $0.20 per contract fee and, where applicable, BOX passes-through a surcharge for options on certain ETFs. These pilot fees are currently set to expire on July 31, 2006. *See* Securities Exchange Release Nos. 49300 (February 23, 2004), 69 FR 9655 (March 1, 2004) (SR-BSE-2004-07) (extending the pilot until July 31, 2004); 50124 (July 30, 2004), 69 FR 47963 (August 6, 2004) (SR-BSE-2004-32) (extending the pilot until July 31, 2005); and 52147 (July 28, 2005), 70 FR 44706 (August 3, 2005) (SR-BSE-2005-28) (extending the pilot until July 31, 2006). 8 BSE represents that SPY, IBB, IWM, IWO, XLE, and XLF constitute “Fund Shares” as defined in Chapter IV, Section 3(i) of the BOX Rules. The Exchange has entered into a license agreement with each ETF issuer in connection with the listing and trading of options on SPY, IBB, IWM, IWO, XLE, and XLF. As with licensed options on the QQQQ, the Exchange is adopting a surcharge fee for trading in these options to defray the licensing costs. 9 The Exchange believes that charging the Participants that trade these instruments is the most equitable means of recovering the costs of the license. 9 The surcharge fee for trading in the options listed in Section 2(c) of the BOX Fee Schedule is equal to the cost charged to BOX by the licensor in the associated licensing agreement. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, 10 in general, and Section 6(b)(4) of the Act, 11 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among BOX Participants and other persons using its facilities. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will 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 The Exchange 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, as amended, has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(2) 13 thereunder because it establishes or changes a due, fee, or other charge imposed by the Exchange. At any time within 60 days of the filing of such amended 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. 14 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 19b-4(f)(2). 14 The effective date of the original proposed rule is January 4, 2006. The effective date of Amendment No. 2 is February 6, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on February 6, 2006, the date on which the BSE submitted Amendment No. 2. *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 No. SR-BSE-2006-01 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2006-01. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the BSE. 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-BSE-2006-01 and should be submitted on or before April 5, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-3697 Filed 3-14-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53449; File No. SR-Phlx-2005-45] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Order Approving Proposed Rule Change and Notice of Filing and Order Granting Accelerated Approval of Amendment No. 1 Thereto Relating to the Automatic Execution of Option Transactions During Crossed Markets March 8, 2006. I. Introduction On July 12, 2005, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “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 relating to the automatic execution of options transactions during crossed markets. The proposed rule change was published for comment in the **Federal Register** on July 27, 2005. 3 The Exchange filed Amendment No. 1 to this proposal on December 9, 2005. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Securities Exchange Act Release No. 52082 (July 20, 2005), 70 FR 43493. The Commission received no comments regarding the proposal. This notice and order approve the proposed rule change and solicit comments from interested persons on Amendment No. 1, and approve Amendment No. 1 on an accelerated basis. II. Description of the Proposal Currently, Phlx Rule 1080(c)(iv)(A) states that an order otherwise eligible for automatic execution will instead be manually handled by the specialist when the Exchange's disseminated market is crossed or crosses the disseminated market of another options exchange. 4 The proposed rule change would limit the specialist's manual handling of orders during crossed markets to situations where the market is crossed by more than one minimum trading increment ( *i.e.* , 2.10 bid, 2 offer). The proposed rule would provide that an order otherwise eligible for automatic execution would instead be handled manually by the specialist when the Exchange's disseminated market is crossed by more than one minimum trading increment, or crosses the disseminated market of another options exchange by more than one minimum trading increment. Thus, the effect of the proposal is that orders would be eligible for automatic execution when the Exchange's disseminated market is crossed or crosses another exchange's market by just one minimum trading increment (and where the Exchange's disseminated market is the NBBO). 5 4 Eligible orders are currently executed automatically on the Exchange during locked markets ( *i.e.* , 2 bid, 2 offer). *See* Securities Exchange Act Release No. 47359 (February 12, 2003), 68 FR 8322 (February 20, 2003) (SR-Phlx-2003-03). 5 Orders otherwise eligible for automatic execution will instead be handled manually by the specialist when the Exchange's disseminated market is not the NBBO. *See* Exchange Rule 1080(c)(iv)(E). Therefore, for an order to be eligible for automatic execution during a crossed market, the Exchange's disseminated market must be the NBBO. In Amendment No. 1, the Exchange proposes to amend Phlx Rule 1085, Order Protection, to provide a new exception to liability for the satisfaction of trade-throughs. Specifically, the Exchange proposes to add as a new exception to liability the situation when a trade-through is the result of an automatic execution when the Exchange's disseminated market is the NBBO and is crossed by not more than one minimum trading increment, or crosses the disseminated market of another options exchange by not more than one minimum trading increment. Lastly, as a housekeeping matter, the Exchange proposes to delete Phlx Rule 1080(c)(iv)(G), a reference to an expired pilot program relating to the disengagement of AUTO-X for “non-Streaming Quote Options.” 6 There are no longer any non-Streaming Quote Options traded on the Exchange; therefore Phlx Rule 1080(c)(iv)(G) is no longer applicable. 6 A “non-Streaming Quote Option” was previously defined as an option that is not traded on the Exchange's electronic trading platform for options, “Phlx XL.” *See* Securities Exchange Act Release No. 50100 (July 27, 2004), 69 FR 46612 (August 3, 2004) (SR-hlx-2003-59). All options traded on the Exchange are now traded on Phlx XL. III. Discussion The Commission finds that the proposal is consistent with the requirements of the Act. 7 In particular, the Commission finds that the proposed rule change furthers the objectives of Section 6(b)(5), 8 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 facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and national market system. 7 In approving this rule, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b)(5). The Commission recognizes that markets that are crossed by only one minimum trading increment in today's increasingly electronic marketplace reflect the number and speed of electronic quotations and the number of market makers submitting such quotations, and, therefore, do not necessarily indicate system errors that may result in unusual risk to market makers, making automatic execution undesirable. The Commission believes that by permitting automatic executions during crossed markets in such limited situations as proposed by the Exchange, orders should be handled more promptly and Exchange specialists and Registered Options Traders (“ROTs”) should still have sufficient ability to manage their market risk during times of crossed markets. A market crossed by an amount greater than one minimum trading increment may be an indication that one or more options market(s) or market makers may be experiencing quotation system issues that do not reflect current market conditions and consequently orders on the Exchange would be handled manually by the specialist in such circumstances. The Commission notes, however, that in the event Phlx automatically executes orders when the Exchange's disseminated market is crossed, or crosses the disseminated market of another options exchange, by one minimum trading increment, the Exchange would be permitting trade-throughs 9 in contravention of Section 8(c) of the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (“Linkage Plan”) and Exchange Rule 1085. 10 The Commission believes that it is appropriate and in the public interest for Phlx to except members from trade-through liability in the event that the trade-through occurred as a result of an automatic execution when the Exchange's disseminated market is the NBBO and is crossed by not more than one minimum trading increment, or crosses the disseminated market of another options exchange by not more than one minimum trading increment. The Commission believes that, in this limited circumstance, the benefit of providing an automatic execution outweighs the harm of the resultant trade-through. Therefore, concurrent with this order, the Commission is granting Phlx an exemption from the requirement under Exchange Act Rule 608(c) that Phlx comply with, and enforce compliance by its members with, Section 8(c) of the Linkage Plan, which provides that, “absent reasonable justification and during normal market conditions, members in [Participants'] markets should not effect Trade-Throughs” 11 and from Section 4(b) of the Linkage Plan, which requires the Exchange to enforce compliance by its members with Section 8(c) of the Linkage Plan. 9 A “Trade-Through” is defined in Section 2(29) of the Linkage Plan as “a transaction in an options series at a price that is inferior to the NBBO.” 10 The Linkage Plan is a national market system plan approved by the Commission pursuant to Section 11A of the Exchange Act, 15 U.S.C. 78k-1, and Exchange Act Rule 608. *See* Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000). 11 *See* letter from Robert L.D. Colby, Acting Director, Division of Market Regulation, Commission, to Meyer S. Frucher, Chairman and Chief Executive Officer, Phlx, dated March 8, 2006. The Commission finds good cause for approving Amendment No. 1 prior to the thirtieth day after the date of publication of notice thereof in the **Federal Register** . In Amendment No. 1, the Exchange proposes to modify Phlx Rule 1085 to include a new exception to liability for the satisfaction of trade-throughs under the Linkage Plan. Specifically, the Exchange proposes that when a trade-through is the result of an automatic execution when the Exchange's disseminated market is the NBBO and is crossed by not more than one minimum trading increment, or crosses the disseminated market of another options exchange by not more than one minimum trading increment, the Exchange member that effected the trade-through should not be liable for satisfaction of such trade-through. Because the Phlx's proposal, which was published for comment, to permit automatic executions in certain, limited crossed market situations would inevitably result in trade-throughs and the proposal, therefore, could not be implemented without the changes to Phlx Rule 1085 proposed in Amendment No. 1, the Commission finds that good cause exists to accelerate approval of Amendment No. 1 to permit the proposed rule change to be implemented on an expedited basis. Therefore, the Commission finds that granting accelerated approval to Amendment No. 1 is appropriate and consistent with Section 19(b)(2) of the Act. 12 12 15 U.S.C. 78s(b)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning Amendment No. 1, including whether the Amendment is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Phlx-2005-45 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-Phlx-2005-45. 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. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2005-45 and should be submitted on or before April 5, 2006. V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 13 that the proposed rule change (SR-Phlx-2005-45) is approved, and Amendment No. 1 thereto is approved on an accelerated basis. 13 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-3698 Filed 3-14-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10422 and #10423] Florida Disaster #FL-00012 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Florida dated 03/09/2006. *Incident:* Severe Storms and Flooding *Incident Period:* 02/03/2006. *Effective Date:* 03/09/2006. *Physical Loan Application Deadline Date:* 05/08/2006. *Economic Injury

(EIDL)Loan Application Deadline Date:* 12/11/2006. ADDRESSES: Submit completed loan applications to: 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 County: Pinellas. Contiguous Counties: Florida: Hillsborough and Pasco. The Interest Rates are: Percent Homeowners with credit available elsewhere 5.750 Homeowners without credit available elsewhere 2.875 Businesses with credit available elsewhere 7.408 Businesses & Small Agricultural Cooperatives without credit available elsewhere 4.000 Other (Including Non-Profit Organizations) with credit available elsewhere 5.000 Businesses and Non-Profit Organizations without credit available elsewhere 4.000 The number assigned to this disaster for physical damage is 10422 6 and for economic injury is 10423 0. The States which received an EIDL Declaration # are Florida. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: March 9, 2006. Hector V. Barreto, Administrator. [FR Doc. E6-3747 Filed 3-14-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5341] Advisory Committee on Private International Law SUMMARY: The Advisory Committee's study group on investment securities will hold a meeting Friday, March 31 from 1 p.m. until 5 p.m. e.s.t. to review the results of the second intergovernmental meeting at UNIDROIT on a draft multilateral treaty (convention) on harmonization of certain aspects of investment securities transactional law. The meeting will examine in particular provisions on clearing and settlement of securities transactions through or involving intermediaries, as well as provisions on the relation of intermediaries and issuers of securities and collateral useages including netting of securities transactions. Background UNIDROIT (the International Institute for the Unification of Private Law, an international organization headquartered in Rome, Italy, which the United States participates actively in as a member state) has initiated a project to prepare a multilateral treaty (convention) on certain aspects of investment securities transactional law. Preliminary studies and proposals were initiated in 2002, and the first intergovernmental meeting held in May 2005. The second meeting will take place in mid-March 2006, and the Advisory Committee meeting is intended to be an initial review of revisions, if any, to the draft convention, and to assess prospects for future negotiations as well as objectives that should be sought. The latter will need to take into account the differences in legal systems, existing laws on investment securities transactions, and differences in securities markets as well as regulatory systems of the fifty or so countries that participate. Scope The subject matter of the preliminary draft convention is “Harmonized Substantive Rules Regarding Intermediated Securities” and at this point includes rights and obligations associated with transactions or dispositions of investment securities such as crediting of securities to a securities account, instructions by an account holder, the role and obligations of intermediaries, effect of rules of clearing and settlement systems, whether upper-tier attachment is permissible, priority among competing interests, protection of bona fide acquirers, effect on insolvency proceedings, intermediaries relationship to issuers of securities, rights of setoff, and provisions with respect to collateral transactions such as use of or substitution of collateral, netting, and other matters. The foregoing matters are largely subjects in the United States of uniform securities transaction laws as set out in Uniform Commercial Code Articles 8 and 9. Conclusion of a text, if that is achieved, which is unlikely to occur before 2007, does not obligate any country to adopt or implement its provisions in any way. Agenda The Advisory Committee's Study group agenda will review viewpoints of various participating countries and financial associations or other organizations that participate in the process, as well as revisions if any to the draft text. It will also cover, time permitting, related developments in international investment securities regulation and practice. The Advisory Committee offers an opportunity for interested members of the public or entities, associations and others to comment on these developments and to make recommendations for future proposals. Public Participation Advisory Committee Study group meetings are open to the public. The meeting will be at the offices of the Federal Reserve Bank of New York, 33 Liberty Street, NYC. Persons wishing to attend need to provide in advance, not later than Wednesday, March 29 their name, address, contact numbers, including e-mail address if available, and affiliation(s) to *smeltzertk@state.gov* . Additional meeting information can be obtained from Ms. Smeltzer at 202- 776-8423. Persons who cannot attend but who wish to comment on any of the topics referred to are welcome to do so in writing or by e-mail to *Joyce.Hansen@ny.frb.org* or *BurmanHS@State.gov* . Documents Documents on this project, including the current and prior drafts of the convention, background, and proposals of participants are available at *http://www.Unidroit.org* . Additional documents may be available following the mid-March meeting on that site or by request to Ms. Smeltzer. For further information on UNIDROIT generally please contact Hal Burman at the State Department at the above e-address or by fax at 202-776-8482. Dated: March 9, 2006. Mary Helen Carlson, Attorney Advisor, Advisory Committee, Department of State. [FR Doc. E6-3733 Filed 3-14-06; 8:45 am] BILLING CODE 4710-08-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Proposed Advisory Circular 25-17A Revision, Transport Airplane Cabin Interiors Crashworthiness Handbook AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of availability of proposed advisory circular

(AC)25-17A and request for comments; extension of comment period. SUMMARY: This notice announces the extension of the comment period for proposed advisory circular

(AC)25-17A, which was published in the **Federal Register** on November 16, 2005 (70 FR 69623), and closes on March 16, 2006. In that notice,the FAA invited public comment on a proposed AC which provides guidance on a means, but not the only means, of compliance with Title 14, Code of Federal Regulations concerning the crashworthiness requirements as applied to cabin interiors. This extension of the comment period is necessary to give all interested persons an opportunity to present their views on the proposed AC. DATES: Comments must be received on or before May 1, 2006. ADDRESSES: Send all comments on proposed AC to: Federal Aviation Administration, Attention: Jayson Claar, Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, WA 98055-4056. Comments may be inspected at the above address between 7:30 a.m. and 4 p.m. weekdays, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jayson Claar at the above address, telephone

(206)227-2194; facsimile

(425)227-1232; or e-mail at: *jayson.claar@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to comment on the proposed AC by submitting such written data, views, or arguments, as they may desire. Commenters should identify AC 25-17A, and submit comments, in duplicate, to the address specified above. The Transport Standards Staff will consider all communications received on or before the closing date for comments before issuing the final AC. The AC can be found and downloaded from the Internet at: *http://www.airweb.faa.gov/rgl* under “Draft Advisory Circulars.” A paper copy or a CD ROM of the proposed AC may be obtained by contacting the person named above under the caption FOR FURTHER INFORMATION CONTACT . Background This proposed AC revision contains guidance pertinent to the cabin safety and crashworthiness type certification requirements of part 25 as amended by Amendments 25-1 through 25-112. Previously, two ACs on this subject have been available to the public: • AC 25-17 was issued on 7/15/91. It covers Amendments 25-1 through 25-59. • A proposed AC 25-17A revision was published on 10/7/99, for public comment. It covered Amendments 25-1 through 25-70. That revision was never issued as a final document. • To assist in reviewing the proposed AC, the FAA identifies the additions/changes made to the guidance by highlighting the text changes the first time they appear. The baseline for identifying the changes to the guidance is the existing AC 25-17, dated 7/15/91. Extension of Comment Period Since publication of the notice, the FAA has received a request that the comment period for the notice be extended past its original closing date of march 16, 2006, to allow more time in which to study the proposal and to prepare comments on this very important issue. The FAA has reviewed the request for consideration of an additional amount of time to comment on proposed AC 25-17A, and has determined that extending the comment period would be in the public interest and that good cause exists for taking this action. Accordingly, the comment period of proposed AC 25-17A is extended until May 1, 2006. Issued in Renton, Washington, on March 7, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-2446 Filed 3-14-06; 8:45 am]

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