Notices. Notice of application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act

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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27260; 812-13055] Tactical Allocation Services, LLC and Agile Funds, Inc.; Notice of Application March 13, 2006. AGENCY: Securities and Exchange Commission (“SEC” or “Commission”). ACTION: Notice of application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act. Summary of Application:

Applicants request an order that would permit them to enter into and materially amend subadvisory agreements without shareholder approval. Applicants: Tactical Allocation Services, LLC (the “Adviser”) and Agile Funds, Inc. (the “Company”). Filing Dates: The application was filed on December 19, 2003, and amended on February 27, 2006. Applicants have agreed to file a final amendment during the notice period, the substance of which is reflected in this notice. Hearing or Notification of Hearing:

An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on April 7, 2006, and should be accompanied by proof of service on the applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested.

Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicants, 4909 Pearl East Circle, Suite 300, Boulder, CO 80301. FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior Counsel, at

(202)551-6879, or Mary Kay Frech, Branch Chief, at

(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Desk, 100 F Street, NE., Washington, DC 20549-0102 (telephone

(202)551-5850). Applicants' Representations 1. The Company, a Maryland corporation, is registered under the Act as an open-end management investment company. The Company currently offers shares of one series, the Agile Multi-Strategy Fund (the “Multi-Strategy Fund,” included in the term “Fund,” defined below), and may establish additional series, each consisting of separate investment objectives, policies, and restrictions (each, a “Fund” and collectively, the “Funds”). The Adviser, a Colorado limited liability corporation, serves as the investment adviser to the Multi-Strategy Fund and is registered as an investment adviser under the Investment Advisers Act of 1940 (the “Advisers Act”). 1 1 The applicants request that any relief granted pursuant to the application apply to future series of the Company and any other existing or future registered open-end management investment company and its series that:

(a)Are advised by the Adviser or any entity controlling, controlled by, or under common control with the Adviser;

(b)are managed in a manner consistent with the application; and

(c)comply with the terms and conditions in the application (included in the term “Funds”). The Company is the only existing registered open-end management investment company that currently intends to rely on the order. If the name of any Fund contains the name of a Subadviser (as defined below), the name of the Adviser or the name of the entity controlling, controlled by or under common control with the Adviser that serves as the primary adviser to the Fund will precede the name of the Subadviser. 2. The Adviser serves as investment adviser to the Multi-Strategy Fund pursuant to an investment advisory agreement between the Company and the Adviser (the “Advisory Agreement”) that was approved by the Company's board of directors (“Board”), including a majority of the directors who are not “interested persons,” as defined in section 2(a)(19) of the Act, of the Company or the Adviser (“Independent Directors”), and the Multi-Strategy Fund's initial shareholders. The Advisory Agreement permits the Adviser to enter into investment advisory agreements (“Subadvisory Agreements”) with subadvisers (“Subadvisers”) to whom the Adviser may delegate responsibility for providing investment advice and making investment decisions for a Fund. Each Subadviser is, and any future Subadviser will be, registered under the Advisers Act. The Adviser monitors and evaluates the Subadvisers and recommends to the Board their hiring, termination, and replacement. The Adviser recommends Subadvisers based on a number of factors discussed in the application used to evaluate their skills in managing assets pursuant to particular investment objectives. The Adviser compensates the Subadvisers out of the fee paid to the Adviser by a Fund. 3. Applicants request an order to permit the Adviser, subject to Board approval, to enter into and materially amend Subadvisory Agreements without obtaining shareholder approval. The requested relief will not extend to any Subadviser that is an affiliated person, as defined in section 2(a)(3) of the Act, of a Fund or the Adviser, other than by reason of serving as a Subadviser to one or more of the Funds (“Affiliated Subadviser”). None of the current Subadvisers is an Affiliated Subadviser. Applicants' Legal Analysis 1. Section 15(a) of the Act provides, in relevant part, that it is unlawful for any person to act as an investment adviser to a registered investment company except under a written contract that has been approved by the vote of a majority of the company's outstanding voting securities. Rule 18f-2 under the Act provides that each series or class of stock in a series company affected by a matter must approve such matter if the Act requires shareholder approval. 2. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provisions of the Act, or from any rule thereunder, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Applicants believe that the requested relief meets this standard for the reasons discussed below. 3. Applicants state that the Funds' shareholders rely on the Adviser to select the Subadvisers best suited to achieve a Fund's investment objectives. Applicants assert that, from the perspective of the investor, the role of the Subadvisers is comparable to that of individual portfolio managers employed by traditional investment advisory firms. Applicants contend that requiring shareholder approval of each Subadvisory Agreement would impose costs and unnecessary delays on the Funds, and may preclude the Adviser from acting promptly in a manner considered advisable by the Board. Applicants also note that the Advisory Agreement will remain subject to section 15(a) of the Act and rule 18f-2 under the Act. 4. Applicants note that the Commission adopted certain fund governance standards on July 27, 2004. 2 Applicants agree that each Fund will comply with the fund governance standards set forth in rule 0-1(a)(7) under the Act by the compliance date. Applicants also note that the Commission has proposed rule 15a-5 under the Act and agree that the requested order will expire on the effective date of rule 15a-5 under the Act, if adopted. 3 2 See Investment Company Act Release No. 26520 (July 27, 2004). 3 Investment Company Act Release No. 26230 (Oct. 23, 2003). Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. Before a Fund may rely on the requested order, the operation of the Fund in the manner described in the application will be approved by a majority of the Fund's outstanding voting securities, as defined in the Act, or, in the case of a Fund whose public shareholders purchase shares on the basis of a prospectus containing the disclosure contemplated by condition 2 below, by the initial shareholder(s) before offering shares of that Fund to the public. 2. Each Fund will disclose in its prospectus the existence, substance and effect of any order granted pursuant to the application. In addition, each Fund will hold itself out to the public as employing the management structure described in the application. The prospectus will prominently disclose that the Adviser has the ultimate responsibility (subject to oversight by the Board) to oversee Subadvisers and recommend their hiring, termination, and replacement. 3. Each Fund will comply with the fund governance standards set forth in rule 0-1(a)(7) under the Act by the compliance date for the rule (“Compliance Date”). Prior to the Compliance Date, a majority of the Board will be Independent Directors, and the nomination of new or additional Independent Directors will be at the discretion of the then-existing Independent Directors. 4. The Adviser will not enter into a Subadvisory Agreement with any Affiliated Subadviser without that agreement, including the compensation to be paid thereunder, being approved by the shareholders of the applicable Fund. 5. When a Subadviser change is proposed for a Fund with an Affiliated Subadviser, the Board, including a majority of the Independent Directors, will make a separate finding, reflected in the Board minutes, that the change is in the best interests of the Fund and its shareholders and does not involve a conflict of interest from which the Adviser or the Affiliated Subadviser derives an inappropriate advantage. 6. Within 90 days of the hiring of a new Subadviser, shareholders of the affected Fund will be furnished all information about the new Subadviser that would be contained in a proxy statement. Each Fund will meet this condition by providing shareholders with an information statement meeting the requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under the Securities Exchange Act of 1934 within 90 days of the hiring of a new Subadviser. 7. The Adviser will provide general management services to each Fund, including overall supervisory responsibility for the general management and investment of each Fund's assets, and, subject to review and approval by the Board, will

(a)Set the Fund's overall investment strategies;

(b)evaluate, select, and recommend Subadvisers to manage all or part of the Fund's assets;

(c)when appropriate, allocate and reallocate a Fund's assets among multiple Subadvisers;

(d)monitor and evaluate the performance of Subadvisers; and

(e)implement procedures reasonably designed to ensure that the Subadvisers comply with each Fund's investment objectives, policies and restrictions. 8. No director or officer of the Company, or director, manager or officer of the Adviser, will own, directly or indirectly (other than through a pooled investment vehicle that is not controlled by that director, manager or officer), any interest in a Subadviser, except for

(a)ownership of interests in the Adviser or any entity that controls, is controlled by, or is under common control with the Adviser, or

(b)ownership of less than 1% of the outstanding securities of any class of equity or debt of a publicly-traded company that is either a Subadviser or an entity that controls, is controlled by, or is under common control with a Subadviser. 9. The requested order will expire on the effective date of rule 15a-5 under the Act, if adopted. For the Commission, by the Division of Investment Management, under delegated authority. Nancy M. Morris, Secretary. [FR Doc. E6-3958 Filed 3-17-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53474; File No. SR-NASD-2006-022] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Optional Routing of Orders in Nasdaq's INET Facility March 13, 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 10, 2006, the National Association of Securities Dealers, Inc.(“NASD”), through its subsidiary, the Nasdaq Stock Market, Inc. (“Nasdaq”), submitted to the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by Nasdaq. Nasdaq filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 which renders it effective upon filing with the Commission. On March 9, 2006, Nasdaq filed Amendment No. 1 to the proposed rule change. 4 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 15 U.S.C. 78s(b)(3)(A). 4 Amendment No. 1 made a non-substantive, clarifying change to the rule text, as well as provided rationale for the request for the Commission to accelerate the operative delay. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Nasdaq proposes to create a new voluntary routing option for its INET facility that will allow INET users to instruct that orders being ultimately directed to the New York Stock Exchange or the American Stock Exchange first check INET and then the Nasdaq Market Center and/or Nasdaq's Brut facility for potential execution before being delivered to those exchanges. Nasdaq will implement the proposed rule change immediately. The text of the proposed rule change is below. Proposed new language is in *italics;* deletions are in [brackets]. 5 5 Changes are marked to the rule text that appears in the electronic NASD Manual found at *www.nasd.com* . Prior to the date when The NASDAQ Stock Market LLC (“NASDAQ LLC”) commences operations, NASDAQ LLC will file a conforming change to the rules of NASDAQ LLC approved in Securities Exchange Act Release No. 53128 (January 13, 2006). 4956. Routing

(a)INET Order Routing Process

(1)The INET Order Routing Process shall be available to Participants from 7 a.m. to 8 p.m. Eastern Time, and shall route orders as described below:

(A)Exchange-Listed Routing Options The System provides [five] *six* routing options for orders in exchange-listed securities. Of these [five] *six,* only [two] *three* —DOT Immediate, [and] DOT Alternative *and DOT Nasdaq* —are available for orders ultimately sought to be directed to either the New York Stock Exchange (“NYSE”) or the American Stock Exchange (“AMEX”). The System also allows firms to send individual orders to the NYSE Direct + System, and to elect to have orders not be sent to the AMEX. The [five] *six* System routing options for NYSE and/or Amex listed orders are: (i)-(v) No Change. *(vi) DOT Nasdaq (“DOTN”)—under this option, after checking the INET System for available shares, orders are sent to other available market centers that are owned by Nasdaq, including the Nasdaq Market Center and/or Nasdaq's Brut Facility for potential execution before the destination exchange. When checking the INET book, the System will seek to execute at the price it would send the order to a non-INET destination market center as designated by the entering party. Any un-executed portion will thereafter be sent to the NYSE or AMEX, as appropriate, at the order's original limit order price. This option may only be used for orders with time-in-force parameters of either DAY, IOC, or market-on-open/close.* (B)-(C) No Change. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Nasdaq included statements concerning the purpose of, and basis for, the proposed rule change 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. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Nasdaq proposes to create a new voluntary routing option for its INET facility that will allow INET users to instruct that orders being ultimately directed to the New York Stock Exchange or the American Stock Exchange first check INET and then the Nasdaq Market Center and/or Nasdaq's Brut facility for potential execution before being delivered to those exchanges. Nasdaq believes that the above option will enhance the choices available to INET systems users to select the best method to execute proprietary and customer orders across multiple trading venues, and is similar to routing options available through Nasdaq's Brut facility. In addition, this routing option will allow users to maximize their participation across Nasdaq-owned trading venues so as to take advantage of available volume-based execution fee discounts resulting from activity on all Nasdaq systems. Like all Nasdaq system routing options, applicable principles of best-execution apply to the use of this proposed routing option. 2. Statutory Basis Nasdaq believes that the proposed rule change, as amended, is consistent with Section 15A of the Act, 6 in general, and furthers the objectives of Section 15A(b)(6) of the Act, 7 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, remove impediments to a free and open market and a national market system, and, in general, to protect investors and the public interest. 6 15 U.S.C. 78o-3. 7 15 U.S.C. 78o-3(6). B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Nasdaq has filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 8 and subparagraph (f)(6) of Rule 19b-4 thereunder. 9 Because the foregoing proposed rule change:

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

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

(3)does not become operative for 30 days from 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 has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder. As required under Rule 19b-4(f)(6)(iii), Nasdaq provided the Commission with written notice of its intent to file the proposed rule change at least five business days prior to filing the proposal with the Commission or such shorter period as designated by the Commission. Nasdaq has requested that the Commission waive 30-day delayed operational date provisions contained in the above rule, based upon a representation that the proposed rule filing would benefit investors and permit them to select the execution venues that best suit their trading goals, and should, therefore, be provided to investors as soon as possible. For this reason, the Commission designates the proposal to be effective and operative upon filing with the Commission. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b-4(f)(6). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 10 The effective date of the original proposed rule change is February 10, 2006 and the effective date of Amendment No. 1 is March 9, 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 March 9, 2006, the date on which Nasdaq submitted Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NASD-2006-022 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-NASD-2006-022. 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 such filing also will be available for inspection and copying at the principal office of Nasdaq. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASD-2006-022 and should be submitted on or before April 10, 2006. 11 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 Nancy M. Morris, Secretary. [FR Doc. E6-3959 Filed 3-17-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53469; File No. SR-PCX-2006-10] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing of Proposed Rule Change Relating to Trade Shredding March 10, 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 3, 2006, the Pacific Exchange, Inc. (“PCX” 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 Exchange. 3 The Commission is publishing this notice to solicit comment on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(l). 2 17 CFR 240.19b-4. 3 On March 6, 2006, the Exchange filed with the Commission a proposed rule change, which was effective upon filing, to change the name of the Exchange, as well as several other related entities, to reflect the recent acquisition of PCX by Archipelago Holdings, Inc. (“Archipelago”) and the merger of the NYSE with Archipelago. *See* File No. SR-PCX-2006-24. All references herein have been changed to reflect the aforementioned rule change. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary NYSE Arca Equities, Inc., proposes to amend its rules governing the NYSE Arca Marketplace, the equities trading facility of the NYSE Arca Equities, Inc. With this filing, the Exchange proposes to amend its rules to prohibit the practice of splitting orders into multiple smaller orders for any purpose other than seeking the best execution of the entire order. The text of the proposed rule change appears below. Additions are *in italics* . Rules of NYSE Arca Equities, Inc. Rule 6 Business Conduct Prohibited Acts Rule 6.2 Any ETP Holder or any associated person thereof found guilty in accordance with the Rules and procedures of the Corporation of any of the following prohibited acts shall be subject to the imposition of penalties in accordance with the Rules of the Corporation. *(g) An ETP Holder may not split any order into multiple smaller orders for any purpose other than seeking the best execution of the entire 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 and discussed any comments it received regarding the proposal. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend NYSE Arca Equities Rule 6 (Business Conduct) to prohibit trade shredding. More specifically, the Exchange is proposing to add language to its existing rules to prohibit Equity Trading Permit Holders (“ETP Holders”) from splitting large orders into multiple smaller orders for any purpose other than best execution. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act, 4 in general, and furthers the objectives of Section 6(b)(5) of the Act, 5 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 a national market system, and in general, to protect investors and the public interest. 4 15 U.S.C. 78f(b). 5 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 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 Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will:

(A)By order approve such proposed rule change, or

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-PCX-2006-10 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-PCX-2006-10. 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 NYSE Arca, Inc. 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-PCX-2006-10 and should be submitted on or before April 10, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 6 6 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-3984 Filed 3-17-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53476; File No. SR-PCX-2006-14] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing of Proposed Rule Change To Reduce the Fee Charged to a Lead Market Maker When It Transfers Options Issues to Another Lead Market Maker March 13, 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 23, 2006, the Pacific Exchange, Inc. (“PCX” 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 PCX. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to modify its rate schedule retroactive to September 26, 2005 to allow for the Exchange to reduce the fee it charges a Lead Market Maker (“LMM”) when it transfers options issues to another LMM. The text of the proposed rule change is available on the Exchange's Web site, *http://www.archipelago.com,* at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. 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 PCX 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 PCX 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this filing is to reduce the fee that the PCX charges an LMM, when the LMM transfers an allocated options issue to another LMM. The PCX presently charges an LMM a $1000 fee, per issue, in the event that the LMM transfers the issue to another LMM, in accordance with the PCX allocation procedures. The $1000 per issue fee is subject to a cap when multiple issues are included as part of the same transfer. Under this proposal, the new fee will be $100 per issue transferred. The new lower fee will not be subject to a rate cap when multiple issues are transferred. On September 26, 2005, Archipelago Holdings Inc. acquired the PCX. After reviewing fees and charges, new management has determined that for business purposes certain fees should be changed. The $1000 fee that the PCX previously assessed LMMs was originally established to offset the cost associated with issue transfers. At this time, the PCX is willing to absorb most of the costs associated with issue transfers, and the PCX has determined that the proposed $100 per issue transfer fee is warranted. The Exchange proposes to make this fee effective retroactive to September 26, 2005, which coincides with the date that Archipelago Holdings Inc. acquired the Exchange. The PCX will review all transfers that have occurred or may occur from September 26, 2005 through the effective date of this proposal and will make any fee adjustments that are deemed warranted pursuant to the proposed rate schedule contained in this filing. 2. Statutory Basis The Exchange believes that the proposal is consistent with Section 6(b) 3 of the Act, in general, and Section 6(b)(4) 4 of the Act, in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among its members. 3 15 U.S.C. 78f(b). 4 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 did not solicit or receive any written comments with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will: A. By order approve the proposed rule change, or B. Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-PCX-2006-14 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-PCX-2006-14. 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 such filing also will be available for inspection and copying at the principal office of the PCX. 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-PCX-2006-14 and should be submitted on or before April 10, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 5 5 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-3985 Filed 3-17-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10424] Idaho Disaster #ID-00003 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Idaho (FEMA-1630-DR), dated 02/27/2006. *Incident:* Severe Storms and Flooding. *Incident Period:* 12/30/2005 through 01/04/2006. *Effective Date:* 02/27/2006. *Physical Loan Application Deadline Date:* 04/28/2006. 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 President's major disaster declaration on 02/27/2006, applications for Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Owyhee The Interest Rates are: Percent 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 10424. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-3953 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10205 and #10206] Louisiana Disaster Number LA-00004 AGENCY: Small Business Administration. ACTION: Amendment 11. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-1607-DR), dated 09/24/2005. *Incident:* Hurricane Rita. *Incident Period:* 09/23/2005 through 11/01/2005. *Effective Date:* 03/10/2006. *Physical Loan Application Deadline Date:* 04/10/2006. *EIDL Loan Application Deadline Date:* 06/26/2006. 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: The notice of the President's major disaster declaration for the State of Louisiana, dated 09/24/2005, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/10/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-3996 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10176 and #10177] Louisiana Disaster Number LA-00002 AGENCY: Small Business Administration. ACTION: Amendment 5. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-1603-DR), dated 08/29/2005. *Incident:* Hurricane Katrina. *Incident Period:* 08/29/2005 through 11/01/2005. *Effective Date:* 03/10/2006. *Physical Loan Application Deadline Date:* 04/10/2006. *EIDL Loan Application Deadline Date:* 05/29/2006. 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: The notice of the President's major disaster declaration for the State of Louisiana, dated 08/29/2005, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/10/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-4001 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10178 and #10179] Mississippi Disaster Number MS-00005 AGENCY: Small Business Administration. ACTION: Amendment 6. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1604-DR), dated 08/29/2005. *Incident:* Hurricane Katrina. *Incident Period:* 08/29/2005 through 10/14/2005. *Effective Date:* 03/10/2006. *Physical Loan Application Deadline Date:* 04/10/2006. *EIDL Loan Application Deadline Date:* 05/29/2006. 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: The notice of the President's major disaster declaration for the State of Mississippi, dated 08/29/2005, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/10/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-3999 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10203 and #10204] Texas Disaster Number TX-00066 AGENCY: Small Business Administration. ACTION: Amendment 5. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-1606-DR), dated 09/24/2005. *Incident:* Hurricane Rita. *Incident Period:* 09/23/2005 through 10/14/2005. *Effective Date:* 03/10/2006. *Physical Loan Application Deadline Date:* 04/10/2006. *EIDL Loan Application Deadline Date:* 06/26/2006. 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: The notice of the President's major disaster declaration for the State of Texas, dated 09/24/2005, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/10/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-3997 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Buffalo District Advisory Council; Public Meeting The U.S. Small Business Administration Buffalo District Advisory Council located in the geographical area of Buffalo, New York, will hold a public meeting on Wednesday, April 12, 2006, starting at 10 a.m. eastern standard time. The meeting will take place at the First Niagara Bank, 6950 S. Transit Road, Lockport, New York. The purpose of the meeting is to provide advice and opinions regarding the effectiveness of and need for SBA Programs, particularly within the local districts, with members present, and staff of the U.S. Small Business Administration, or others present. Anyone wishing to make an oral presentation to the Board must contact Franklin J. Sciortino, District Director, Buffalo District Office, in writing by letter or fax no later than Friday, March 31, 2006 in order to be put on the agenda. Franklin J. Sciortino, District Director, Buffalo District Office, U.S. Small Business Administration, Niagara Center, 540 Niagara Center, 130 S. Elmwood Avenue, Buffalo, New York 14202; telephone

(716)551-4301 or fax

(716)551-4418; *Franklin.Sciortino@sba.gov.* Matthew K. Becker, Committee Management Officer. [FR Doc. E6-3952 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Region 1—Maine District Advisory Council; Public Meeting The U.S. Small Business Administration Maine District Advisory Council, located in the geographical area of Augusta, Maine will hold a public meeting on Wednesday, March 22, 2006, starting at 10 a.m. The meeting will be held at the Care & Comfort, 180 Main Street, Waterville, Maine. The purpose of the meeting is to discuss advice and opinions regarding the effectiveness of and the need for SBA programs, particularly within the local districts which members represent. Any member of the public wishing to attend must contact Mary McAleney, District Director, Maine District Office, U.S. Small Business Administration, 68 Sewall Street, Room 512, Augusta, Maine 04330, phone

(207)622-8386; fax (207)-622-8277; *Mary.McAleney@sba.gov.* Matthew K. Becker, Committee Management Officer. [FR Doc. E6-3955 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Public Federal Regulatory Enforcement Fairness Hearing; Region V Regulatory Fairness Board The U.S. Small Business Administration

(SBA)Region V Regulatory Fairness Board and the SBA Office of the National Ombudsman will hold a public hearing on Wednesday, March 29, 2006, at 9 a.m. The meeting will take place at the Hamilton County Business Center, 1776 Mentor Avenue, Cincinnati, OH to receive comments and testimony from small business owners, small government entities, and small non-profit organizations concerning regulatory enforcement and compliance actions taken by Federal agencies. Anyone wishing to attend or to make a presentation must contact Ronald Carlson, in writing or by fax, in order to be put on the agenda. Ronald Carlson, Branch Manager, SBA, Cincinnati Branch Office, 550 Main Street, Room 2-522, Cincinnati, OH 45202, phone

(513)684-2814, Ext. 205, fax

(515)684-3251, e-mail: *Ronald.carlson@sba.gov.* For more information, see our Web site at *http://www.sba.gov/ombudsman* . Sincerely, Matthew K. Becker, Committee Management Officer. [FR Doc. E6-3950 Filed 3-17-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5324] Renewal of the Charter of the United States International Telecommunication Advisory Committee *Summary:* The Charter of the United States International Telecommunication Advisory Committee

(ITAC)has been renewed for an additional two years. ITAC is established under the general authority of the Secretary of State and the Department of State as set forth in Title 22, sections 2656 and 2707, of the United States Code. The purpose of the ITAC is to advise the Department of State with respect to, and provide strategic planning recommendations on, telecommunication and information policy matters related to the United States' participation in the work of the International Telecommunication Union, the Permanent Consultative Committees of the Organization of American States Inter-American Telecommunication Commission, the Organization for Economic Cooperation and Development, and other international bodies addressing telecommunications. ITAC provides advice on matters of U.S. policy and preparation of positions for meetings of international and regional organizations pertaining to telecommunication and information issues. Anne D. Jillson, Foreign Affairs Officer, International Communications and Information Policy, Department of State. [FR Doc. E6-3976 Filed 3-17-06; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF STATE [Public Notice 5348] Bureau of International Security and Nonproliferation; Extension of Waiver of Missile Proliferation Sanctions Against Chinese Government Activities AGENCY: Department of State. ACTION: Notice. SUMMARY: A determination has been made to extend the waiver of import sanctions against certain activities of the Chinese government that was announced on September 19, 2003, pursuant to the Arms Export Control Act, as amended. EFFECTIVE DATE: March 18, 2006. FOR FURTHER INFORMATION CONTACT: Pam Durham, Office of Missile Threat Reduction, Bureau of International Security and Nonproliferation, Department of State (202-647-4931). SUPPLEMENTARY INFORMATION: A determination was made on September 14, 2005, pursuant to section 73(e) of the Arms Export Control Act (22 U.S.C. 2797b(e)) that it was essential to the national security of the United States to waive for a period of six months the import sanction described in Section 73(a)(2)(C) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(C)) against the activities of the Chinese government described in section 74(a)(8)(B) of the Arms Export Control Act (22 U.S.C. 2797c(a)(8)(B))— *i.e.* , activities of the Chinese government relating to the development or production of any missile equipment or technology and activities of the Chinese government affecting the development or production of electronics, space systems or equipment, and military aircraft (see **Federal Register** Vol 68, No. 182, Friday, Sept. 19, 2003). This action was effective on September 18, 2005. On March 13, 2006, a determination was made pursuant to section 73(e) of the Arms Export Control Act (22 U.S.C. 2797b(e)) that it is essential to the national security of the United States to extend the waiver period for an additional six months, effective from the date of expiration of the previous waiver (March 18, 2006). These measures shall be implemented by the responsible agencies as provided in Executive Order 12851 of June 11, 1993. Dated: March 14, 2006. Stephen G. Rademaker, Acting Assistant Secretary of State for International Security and Nonproliferation Department of State. [FR Doc. E6-3977 Filed 3-17-06; 8:45 am] BILLING CODE 4710-25-P DEPARTMENT OF STATE [Public Notice 5347] Notice of Receipt of Application for a Presidential Permit for Pipeline Facilities To Be Operated and Maintained on the Border of the United States AGENCY: Department of State. ACTION: Notice. Notice is hereby given that the Department of State has received an application from PMC (Nova Scotia) Company (“PMC Nova Scotia”) for itself, and on behalf of Plains Marketing Canada L.P. (both Canadian companies), for a Presidential permit, pursuant to Executive Order 13337 of April 30, 2004, to operate and maintain a pipeline crossing the U.S.-Canada border at a point near Raymond, Montana. In 1972, the Department originally issued a permit to construct, operate and maintain this oil pipeline to Wascana Pipe Line Incorporated. According to the PMC Nova Scotia application, Wascana Pipe Line Ltd. was dissolved in 1999 and its assets distributed to the Murphy Oil Company Ltd. These assets, including the Wascana River pipeline, were subsequently acquired from Murphy Oil Company Ltd. in May, 2001 by PMC Nova Scotia, for itself and on behalf of Plains Marketing Canada, L.P. Therefore, PMC Nova Scotia for itself, and on behalf of Plains Marketing Canada L.P., seeks a new Presidential permit reflecting the change of ownership. PMC Nova Scotia and Plains Marketing Canada are direct subsidiaries of Plains All American Pipeline, L.P., a Texas partnership. The existing pipeline originates eight miles northeast of Poplar, Montana, and runs to the international boundary between the U.S. and Canada at a point near Raymond, Montana, then connects to similar facilities in the Province of Alberta, Canada. PMC Nova Scotia has, in written correspondence to the Department of State, committed to abide by the relevant terms and conditions of the permit previously held by Wascana Pipe Line Ltd. Further, PMC Nova Scotia indicated in that correspondence that the operation of the pipeline will remain essentially unchanged from that previously permitted. Therefore, in accordance with 22 CFR 161.7(b)(3) and the Department's Procedures for Issuance of a Presidential Permit Where There Has Been a Transfer of the Underlying Facility, Bridge or Border Crossing for Land Transportation (70 FR 30990, May 31, 2005), the Department of State does not intend to conduct an environmental review of the application unless information is brought to its attention that the transfer potentially would have a significant impact on the quality of the human environment. As required by E.O. 13337, the Department of State is circulating this application to concerned federal agencies for comment. DATES: Interested parties are invited to submit, in duplicate, comments relative to this proposal on or before April 19, 2006 to Charles Esser, Office of International Energy and Commodity Policy, U.S. Department of State, Washington, DC 20520. The application and related documents that are part of the record to be considered by the Department of State in connection with this application are available for inspection in the Office of International Energy and Commodity Policy during normal business hours. FOR FURTHER INFORMATION CONTACT: Charles Esser, Office of International Energy and Commodity Policy (EB/ESC/IEC/EPC), U.S. Department of State, Washington, DC 20520; or by telephone at

(202)647-1291; or by fax at

(202)647-4037. The alternate contact is Matthew T. McManus in the same office, with telephone number

(202)647-3423. Dated: March 10, 2006. Matthew T. McManus, Acting Director, Office of International Energy and Commodity Policy, U.S. Department of State. [FR Doc. E6-3973 Filed 3-17-06; 8:45 am] BILLING CODE 4710-07-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination Regarding Waiver of Discriminatory Purchasing Requirements With Respect to Goods and Services Covered by Chapter 9 of the U.S.-Morocco Free Trade Agreement and Chapter 9 of the Dominican Republic-Central America-United States Free Trade Agreement for El Salvador AGENCY: Office of the United States Trade Representative. ACTION: Determination under Trade Agreements Act of 1979. DATES: *Effective Date:* March 20, 2006. FOR FURTHER INFORMATION CONTACT: Dawn Shackleford, Director for International Procurement, Office of the United States Trade Representative,

(202)395-9461, or Jason Kearns, Assistant General Counsel, Office of the United States Trade Representative,

(202)395-9439. On June 15, 2004, the United States and Morocco entered into the United States-Morocco Free Trade Agreement (“the USMFTA”). Chapter 9 of the USMFTA sets forth certain obligations with respect to government procurement of goods and services, as specified in Annexes 9-A-1 and 9-A-3 of the USMFTA. On August 17, 2004, the President signed into law the United States-Morocco Free Trade Agreement Implementation Act (“the USMFTA Act”) (Pub. L. 108-302, 118 Stat. 1103) (19 U.S.C. 3805 note). In section 101(a) of the USMFTA Act, the Congress approved the USMFTA and the statement of administrative action proposed to implement the USMFTA that the President submitted to the Congress. The USMFTA entered into force on January 1, 2006. On August 5, 2004, the United States and El Salvador entered into the Dominican Republic-Central America-United States Free Trade Agreement (“the CAFTA-DR”). Chapter 9 of the CAFTA-DR sets forth certain obligations with respect to government procurement of goods and services, as specified in Annex 9.1.2(b)(i) of the CAFTA-DR. On August 2, 2005, the President signed into law the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (“the CAFTA-DR Act”) (Pub. L. No. 109-53, 119 Stat. 462) (19 U.S.C. 4001 note). In section 101(a) of the CAFTA-DR Act, the Congress approved the CAFTA-DR and the statement of administrative action proposed to implement the CAFTA-DR that the President submitted to Congress. The CAFTA-DR entered into force on March 1, 2006 for El Salvador. Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 1653) delegates the functions of the President under Sections 301 and 302 of the Trade Agreements Act of 1979 (“the Trade Agreements Act”) (19 U.S.C. 2511, 2512) to the United States Trade Representative. Now, therefore, I, Rob Portman, United States Trade Representative, in conformity with the provisions of Sections 301 and 302 of the Trade Agreements Act, and Executive Order 12260, and in order to carry out U.S. obligations under Chapter 9 of each the USMFTA and the CAFTA-DR, do hereby determine that: 1. Morocco and El Salvador are countries, other than major industrialized countries, which, pursuant to the USMFTA and the CAFTA-DR, respectively, will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products. In accordance with Section 301(b)(3) of the Trade Agreements Act, Morocco and El Salvador are so designated for purposes of Section 301(a) of the Trade Agreements Act. 2. With respect to eligible products of Morocco and El Salvador ( *i.e.* , goods and services covered by the Schedules of the United States in Annexes 9-A-1 and 9-A-3 of the USMFTA and Annex 9.1.2(b)(i) of the CAFTA-DR, respectively) and suppliers of such products, the application of any law, regulation, procedure, or practice regarding government procurement that would, if applied to such products and suppliers, result in treatment less favorable than accorded —

(A)To United States products and suppliers of such products; or

(B)To eligible products of another foreign country or instrumentality which is a party to the Agreement on Government Procurement referred to in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, shall be waived. With respect to Morocco, this waiver shall be applied by all entities listed in the Schedule of the United States to Annex 9-A-1 and in list A of the Schedule of the United States to Annex 9-A-3 of the USMFTA. With respect to El Salvador, this waiver shall be applied by all entities listed in the Schedule of the United States to Section A of Annex 9.1.2(b)(i) and in List A of Section C of Annex 9.1.2(b)(i) of the CAFTA-DR. 3. The designation in paragraph 1 and the waiver in paragraph 2 are subject to modification or withdrawal by the United States Trade Representative. Rob Portman, United States Trade Representative. [FR Doc. E6-4004 Filed 3-17-06; 8:45 am] BILLING CODE 3190-W6-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Aviation Proceedings, Agreements Filed the Week Ending February 24, 2006 The following Agreements were filed with the Department of Transportation under the sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. *Docket Number:* OST-2006-24019. *Date Filed:* February 21, 2006. *Parties:* Members of the International Air Transport Association. *Subject:* PTC3 Mail Vote 474 Resolution 010e, TC3 Japan, Korea-South East Asia Special Passenger. Amending Resolution, From Korea (Rep. of) to China (excluding Hong Kong SAR and Macao SAR), (Memo 0945). *Intended effective date:* April 1, 2006. *Docket Number:* OST-2006-24020. *Date Filed:* February 21, 2006. *Parties:* Members of the International Air Transport Association. *Subject:* TC1 Passenger Tariff Coordinating Conference, Teleconference, 25-27 July 2005. TC1 Within South America Resolutions (PTC1 0331). *Minutes:* TC1 Teleconference, 25-27 July 2005 (Memo PTC1 338). *Tables:* TC1 Within South America specified fare table, (Memo PTC1 0102). *Intended effective date:* 1 January 2006. *Docket Number:* OST-2006-24021. *Date Filed:* February 21, 2006. *Parties:* Members of the International Air Transport Association. *Subject:* PTC31 SOUTH 0177 dated June 6, 2005. TC31 South Pacific Resolutions except between French Polynesia, New Caledonia, New Zealand and USA r1-r38. *Minutes:* PTC31 SOUTH 0179 dated June 9, 2005. *Tables:* PTC31 SOUTH Fares 0040 dated June 6, 2005. Technical Correction PTC31 SOUTH Memo 0180. *Intended effective date:* October 1, 2005. *Docket Number:* OST-2006-24022. *Date Filed:* February 21, 2006. *Parties:* Members of the International Air Transport Association. *Subject:* Mail Vote 448. TC12 North Atlantic USA-Europe (Memo 0183) (except between USA and Austria, Belgium, Czech Republic, Finland, France, Germany, Iceland, Italy, Netherlands, Scandinavia, Switzerland). *Minutes:* TC12 North Atlantic Canada, USA-Europe (Memo 0185). Montreal, June 14-16, 2005. *Tables:* TC12 North Atlantic USA-Europe Specified Fares Tables (Memo 0100). *Intended effective date:* November 1, 2005. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E6-3980 Filed 3-17-06; 8:45 am] BILLING CODE 4910-62-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 22, 2005 [FR Doc. E5-7716 Filed 12-21-05]. DATES: Comments must be submitted on or before April 19, 2006. 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. FOR FURTHER INFORMATION CONTACT: Sean H. McLaurin, at the National Highway Traffic Safety Administration, National Center for Statistics and Analysis (NPO-122),

(202)366-4800. 400 Seventh Street, SW., 6124, Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration *Title:* Extension of Clearance. *OMB Number:* 2127-0001. *Type of Request:* Collection Renewal. *Abstract:* The purpose of the NDR is to assist States and other authorized users in obtaining information about problem drivers. State motor vehicle agencies submit and use the information for driver licensing purposes. Other users obtain the information for transportation safety purposes. *Affected Public:* State, Local, or Tribal Government. Enter Data *Estimated Total Annual Burden:* 2859. *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 Departments 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. James Simons, Director, Office of Regulatory Analysis and Evaluation. [FR Doc. E6-3941 Filed 3-17-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34841] Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company

(BNSF)has agreed to grant temporary overhead trackage rights to Union Pacific Railroad Company

(UP)over BNSF's line between milepost 2.0, Lake Yard, OR, and milepost 8.1, North Portland Junction, OR, a distance of approximately 6.1 miles. The transaction was scheduled to be consummated on March 7, 2006, the effective date of this notice, and the temporary trackage rights will expire on or about March 30, 2006. The purpose of the temporary trackage rights is to facilitate the performance of maintenance work on UP lines. As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN,* 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate,* 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34841, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Gabriel S. Meyer, Union Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: March 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06-2659 Filed 3-17-06; 8:45 am]

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17 CFR 240.19
Pub. L. 108-302
118 Stat. 1103
Pub. L. 109-53
119 Stat. 462
49 USC 1382
49 CFR 1180.2(d)(8)

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cites case law

Notices

Notice of application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act

Fed. Reg.Presidential Documents

Cite17 CFR 240.19

Pub. L.Pub. L. 108-302

Stat.118 Stat. 1103

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