Notices. Notice and request for comments
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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53485; File No. SR-PCX-2006-15] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Certain Housekeeping Changes to Its Schedule of Fees and Charges March 14, 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 Exchange. The PCX filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2).
I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The PCX proposes to amend its Schedule of Fees and Charges (“Schedule”) in order to make certain housekeeping changes to the Schedule. The text of the proposed rule change is available at NYSE Arca, at *http://www.archipelago.com/regulation/filings.asp* and at the Commission. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change.
The text of these statements may be examined at the places specified in Item IV below. The 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to make certain housekeeping changes to the PCX Schedule. Trade Related Charges On the present Schedule, in the section entitled Trade Related Charges, the rate table shows transaction fees for different market participants.
Presently the Firm transaction fee is $0.10 per contract, the Broker/Dealers transaction fee is $0.21 per contract and the Market Makers transaction fee is $0.21 per contract. Customers are not charged a transaction fee. In this same table is the On-Line Comparison fee, which is $0.05, assessed on all Firm, Broker/Dealer and Market Maker transactions. The On-Line Comparison fee is not assessed on Customer transactions. Since the On-Line Comparison fee is the same for Firm, Broker/Dealer and Market Maker transactions, and is not charged on Customer transactions, the PCX proposes to simplify the Schedule by eliminating the separate On-Line Comparison fee and incorporating it into the transaction fees.
Under the new Schedule, the rate table will now show the Firm transaction Fee of $0.15 per contract, the Broker/Dealer transaction fee of $0.26 per contract and the Market Maker transaction fee of $0.26 per contract. The Customer transaction fee will remain at zero. While the published rate schedule will appear different than it presently does, there is actually no net change to the amount the Exchange assesses for trade related charges. Order Cancellation Fee The PCX proposes to correct an error in the footnote associated with this fee.
The PCX charges an OTP Firm a cancellation fee, under certain conditions, when it cancels a certain number of orders in any given month. In the footnote attached to this fee, under condition (i), where it reads “500 contracts” the word “contracts” was mistakenly used instead of “orders.” In order to make the rule text consistent, the PCX proposes to change the word to now read “orders”. 2. Statutory Basis The PCX believes the proposed rule change is consistent with Section 6(b) of the Act, 5 in general, and furthers the objectives of Section 6(b)(4) of the Act, 6 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members and issuers and other persons using its facilities. 5 15 U.S.C. 78f(b). 6 15.U.S.C. 78f(b)(4).
B. Self-Regulatory Organization's Statement on Burden on Competition The PCX 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 Because the foregoing rule change establishes or changes a due, fee, or other charge applicable only to a member imposed by the Exchange, it has become effective upon filing pursuant to section 19(b)(3)(A)(ii) of the Act 7 and subparagraph (f)(2) of Rule 19b-4 thereunder. 8 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 the Act. 7 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 U.S.C. 240.19b-4(f)(2).
IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an E-mail to *rule-comments@sec.gov* . Please include File No. SR-PCX-2006-15 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-2006-15. 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-2006-15 and should be submitted on or before April 12, 2006. 9 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 Nancy M.
Morris, Secretary. [FR Doc. E6-4121 Filed 3-21-06; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA-2006-23551] Notice of Request for Extension of Currently Approved Information Collection: Certification of Enforcement of Vehicle Size and Weight Laws AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. SUMMARY: The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget
(OMB)to renew an information collection. We published a **Federal Register** Notice with a 60-day public comment period on this information collection on January 13, 2006. We are required to publish this notice in the **Federal Register** by the Paperwork Reduction Act of 1995. DATES: Please submit comments by April 21, 2006. ADDRESSES: You may 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 DOT Desk Officer. You are asked to comment on any aspect of this information collection, including:
(1)Whether the proposed collection is necessary for the FHWA's performance;
(2)the accuracy of the estimated burden;
(3)ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information and
(4)ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. All comments should include the Docket number FHWA-2006-23551. FOR FURTHER INFORMATION CONTACT: Mr. Bob Davis, Department of Transportation, Federal Highway Administration, Office of Freight Management and Operations, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: *Title:* Certification of Enforcement of Vehicle Size and Weight Laws. *OMB Control Number:* 2125-0034 (Expiration Date: July 31, 2006). *Background:* Title 23, U.S.C., 141, requires each State, the District of Columbia and Puerto Rico to file an annual certification that they are enforcing their size and weight laws on Federal-aid highways and that their Interstate System weight limits are consistent with Federal requirements to be eligible to receive an apportionment of Federal highway trust funds. Section 141 also authorizes the Secretary to require States to file such information as is necessary to verify that their certifications are accurate. To determine whether States are adequately enforcing their size and weight limits, each must submit an updated plan for enforcing their size and weight limits to the FHWA at the beginning of each fiscal year. At the end of the fiscal year, they must submit their certifications and sufficient information to verify that their enforcement goals established in the plan have been met. Failure of a State to file a certification, adequately enforce its size and weight laws and enforce weight laws on the Interstate System that are consistent with Federal requirements, could result in a specified reduction of its Federal highway fund apportionment for the next fiscal year. In addition, section 123 of the Surface Transportation Assistance Act of 1978 (Pub. L. 95-599, 92 Stat. 2689, 2701) requires each jurisdiction to inventory
(1)its penalties for violation of its size and weight laws, and
(2)the term and cost of its oversize and overweight permits. *Respondents:* The State Departments of Transportation (or equivalent) in the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico. *Estimated Total Annual Burden:* The estimated total annual burden for all respondents is 4,160 hours. *Frequency:* The reports must be submitted annually. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. James R. Kabel, Chief, Management Programs and Analysis Division. [FR Doc. E6-4099 Filed 3-21-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-24015] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. SUMMARY: FMCSA announces receipt of applications from 16 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles
(CMVs)in interstate commerce without meeting the Federal vision standard. DATES: Comments must be received on or before April 21, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System
(DMS)Docket Number FMCSA-2006-24015 using any of the following methods: • Web site: *http://dmses.dot.gov/submit.* Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1-202-493-2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the agency name and docket number for this notice. Note that all comments received will be posted without change to *http://dms.dot.gov* including any personal information provided. Please see the Privacy Act heading for further information. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,
(202)366-4001, *maggi.gunnels@fmcsa.dot.gov* , FMCSA, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption for a 2-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” FMCSA can renew exemptions at the end of each 2-year period. The 16 individuals listed in this notice each have requested an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. Qualifications of Applicants Juan D. Adame Mr. Adame, age 33, has had optic nerve atrophy in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2005, his ophthalmologist noted, “I do feel that Mr. Adame has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Adame reported that he has driven tractor-trailer combinations for 7 years, accumulating 476,000 miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Thomas G. Danclovic Mr. Danclovic, 46, has complete loss of vision in his right eye due to an intrauterine infection. The best corrected visual acuity in his left eye is 20/15. Following an examination in 2005, his ophthalmologist noted, “In my opinion, the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Danclovic reported that he has driven tractor-trailer combinations for 5 years, accumulating 375,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Thomas W. Dufford Mr. Dufford, 35, has had a chorioretinal scar in his right eye since birth. The visual acuity in his right eye is 20/200 and in the left, 20/20. His optometrist examined him in 2005 and noted, “In my opinion, Thomas's visual condition would in no way affect his ability to safely operate a commercial motor vehicle. Based on his ophthalmic exam, I would recommend licensure with no restriction in privileges.” Mr. Dufford reported that he has driven straight trucks for 3 years, accumulating 48,000 miles. He holds a Class C operator's license from Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Williams L. Foote Mr. Foote, 41, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/80. His ophthalmologist examined him in 2005 and noted, “In summary, Mr. Foote has no problems with driving and certainly has visual acuity well enough to allow him to drive a commercial vehicle.” Mr. Foote reported that he has driven straight trucks for 4 years, accumulating 7,200 miles. He holds a Class B CDL from Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Joshua G. Hansen Mr. Hansen, 44, has complete loss of vision in his right eye due to a traumatic injury sustained in 1990. The visual acuity in his left eye is 20/20. Following an examination in 2005, his optometrist noted, “In my opinion, Josh Hansen has sufficient vision to perform driving tasks required to operate a commercial vehicle.” Mr. Hansen reported that he has driven straight trucks for 10 years, accumulating 350,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.8 million miles. He holds a Class A CDL from Idaho. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Daniel W. Henderson Mr. Henderson, 47, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20 and in the left, count-finger-vision at 10 feet. His optometrist examined him in 2005 and noted, “In my medical opinion, Mr. Henderson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Henderson reported that he has driven straight trucks for 6 months, accumulating 35,000 miles and tractor-trailer combinations for 5 years, accumulating 550,000 miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Casey R. Johnson Mr. Johnson, 27, has loss of vision in his left eye due to an injury he sustained as a child. The visual acuity in his right eye is 20/15 and in the left, count-finger-vision at 3 feet. Following an examination in 2005, his optometrist noted, “I believe that Casey has demonstrated sufficient vision to operate a commercial vehicle.” Mr. Johnson reported that he has driven straight trucks for 3 1/2 years, accumulating 105,000 miles. He holds a Class D operator's license from Minnesota. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Craig T. Jorgensen Mr. Jorgensen, 45, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/100 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “I believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle with standard restrictions of glasses required and outside mirrors.” Mr. Jorgensen reported that he has driven straight trucks for 2 years, accumulating 10,000 miles and tractor-trailer combinations for 18 years, accumulating 198,000 miles. He holds a Class A CDL from Wisconsin. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Jose A. Lopez Mr. Lopez, 51, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2005, his optometrist noted, “In my opinion, Jose Lopez has sufficient vision to operate a commercial vehicle.” Mr. Lopez reported that he has driven straight trucks for 1 year, accumulating 61,750 miles and tractor-trailer combinations for 3 years, accumulating 168,750 miles. He holds a Class A CDL from Connecticut. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. William F. Mack Mr. Mack, 51, has complete loss of vision in the right eye due to a traumatic injury sustained in 1998. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2005, his optometrist noted, “In my medical opinion, William has sufficient visual capability to safely operate a commercial vehicle.” Mr. Mack reported that he has driven tractor-trailer combinations for 3 years, accumulating 150,000 miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Bobby L. Mashburn Mr. Mashburn, 37, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2005, his optometrist noted, “In my opinion, Mr. Mashburn's amblyopia in his left eye will not limit his ability to drive a commercial vehicle.” Mr. Mashburn reported that he has driven straight trucks for 13 years, accumulating 13,000 miles. He holds a Class C operator's license from Georgia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Albert L. Remsburg Mr. Remsburg, 32, has loss of vision in his left eye due to retinal and corneal injury sustained in 1992. The best corrected visual acuity in his right eye is 20/20 and in the left, light perception only. Following an examination in 2005, his optometrist noted, “In my medical opinion, the vision and visual field in the right eye is sufficient to perform the driving tasks required to operate a commercial vehicle.” Mr. Remsburg reported that he has driven straight trucks for 7 years, accumulating 245,000 miles. He holds a Class B CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Willard L. Riggle Mr. Riggle, 58, has had a chronic central scotoma in his right eye since childhood. The best corrected visual acuity in his right eye is count-finger-vision at 10 feet and in the left, 20/15. His ophthalmologist examined him in 2005 and noted, “I feel Mr. Riggle has sufficient vision to operate a commercial vehicle.” Mr. Riggle reported that he has driven straight trucks for 39 years, accumulating 975,000 miles, and tractor-trailer combinations for 25 years, accumulating 2.5 million miles. He holds a Class A CDL from Indiana. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Ricky L. Shepler Mr. Shepler, 44, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/50. Following an examination in 2005, his optometrist noted, “My opinion is, his vision is sufficient to operate a commercial vehicle.” Mr. Shepler reported that he has driven straight trucks for 13 years, accumulating 650,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Barney J. Wade Mr. Wade, 42, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/50. Following an examination in 2005, his optometrist noted, “My opinion is that you have sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.” Mr. Wade reported that he has driven straight trucks for 18 years, accumulating 180,000 miles, tractor-trailer combinations for 18 years, accumulating 180,000 miles, and buses for 6 years accumulating 600 miles. He holds a Class A CDL from Mississippi. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Kenneth E. Walker Mr. Walker, 43, has optic neuropathy in his right eye due to a traumatic injury sustained as a child. The visual acuity in his right eye is count-finger-vision at 3 feet and in the left, 20/20. Following an examination in 2005, his ophthalmologist noted, “In my medical opinion, Mr. Walker has sufficient vision to perform driving tasks required to operate a commercial vehicle.” Mr. Walker reported that he has driven straight trucks for 23 years, accumulating 690,000 miles and tractor-trailer combinations for 11 years, accumulating 880,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The agency will consider all comments received before the close of business April 21, 2006. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: March 15, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. 06-2785 Filed 3-21-06; 8:45 am]
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U.S. Code
7 references not yet in our index
- 2 CFR 240.19
- 17 CFR 240.19
- 17 USC 240
- Pub. L. 95-599
- 92 Stat. 2689
- 49 CFR 1.48
- 49 CFR 391.41(b)(10)
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cites case law
Notices
Notice and request for comments
Cite2 CFR 240.19
Cite17 CFR 240.19
Cite17 USC 240
Pub. L.Pub. L. 95-599
Stat.92 Stat. 2689
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