Notices. Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment

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BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 030-03026] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 37-02766-01, for Unrestricted Release of a Fox Chase Cancer Center Facility In Philadelphia, PA AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Willie J. Lee, Health Physicist, Medical Branch, Division of Nuclear Materials Safety, Region I, U.S Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, Pennsylvania, 19406; telephone

(610)337-5090; fax

(610)337-5269; or by e-mail: *wj11@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of a license amendment to Byproduct Materials License No. 37-02766-01. This license is held by Fox Chase Cancer Center (the Licensee), for several facilities, including its MRI Building (the Facility), located at 333 Cottman Avenue in Philadelphia, Pennsylvania. Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated November 8, 2005. The NRC has prepared an Environmental Assessment

(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's November 8, 2005, license amendment request, resulting in release of the Facility for unrestricted use. License No. 37-02766-01 was issued to American Oncologic Hospital in 1957, transferred to Fox Chase Cancer Center in 1985, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use Hydrogen-3, Carbon-14, Phosphorus-32, and Phosphorus-33 for purposes of research and development activities on laboratory bench tops and in hoods. The Facility is situated on 17,900 square feet, and consists of general office and laboratory space. The Facility is located in a mixed residential/commercial area. Within the Facility, use of licensed materials was confined to Rooms M019, M144, M153, and M157, with an approximate area of 1600 square feet total. In September of 2005, the Licensee ceased licensed activities at the Facility and initiated a survey of the Facility. Based on the Licensee's historical knowledge of the site and the conditions of the Facility, the Licensee determined that decontamination activities were not required. The Licensee conducted surveys of the Facility and provided information to the NRC to demonstrate that the affected areas were free of contamination and the Facility meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted demolition of its Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Hydrogen-3 and Carbon-14. The Licensee conducted a final status survey on October 21 and November 4, 2005. This survey covered Labs M019, M144, M151, M153, M155, M156, M157, and adjacent hallways. The Facility contained seven labs; however, only four (M019, M144, M153, and M157) involved the use of byproduct material. The final status survey report was attached to the Licensee's supplemental information submitted in support of the amendment request dated January 31 and February 2, 2006. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The Licensee's final status survey results indicated that the affected areas were free of contamination and thus were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC concludes that the Licensee 's final status survey results are thus acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). Accordingly, there were no significant environmental impacts from the use of radioactive material at the Facility. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has found no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facility for unrestricted use is in compliance with 10 CFR 20.1402. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, this denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Pennsylvania Department of Environmental Protection for review on March 30, 2006. On May 5, 2006, the Pennsylvania Department of Environmental Protection responded by email. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. NRC License No. 37-02766-01 inspection and licensing records. 2. Letter dated November 8, 2005, requesting that the MRI Building at the Fox Chase Cancer Center, Philadelphia, Pennsylvania, be released for unrestricted use [ADAMS Accession No. ML053220642]. 3. Letter dated January 31, 2006, providing additional information for MRI Building Decommissioning at Fox Chase Cancer Center, Philadelphia, Pennsylvania [ADAMS Accession No. ML060340527]. 4. Letter dated February 2, 2006, providing additional information for MRI Building Decommissioning at Fox Chase Cancer Center, Philadelphia, Pennsylvania [ADAMS Accession No. ML060400106]. 5. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” 6. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination.” 7. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.” 8. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities.” If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at King of Prussia, Pennsylvania, this 1st day of June 2006. For the Nuclear Regulatory Commission. Pamela J. Henderson, Chief, Medical Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E6-8976 Filed 6-8-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide; Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)has issued a revision to an existing guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 8.38, entitled “Control of Access to High and Very High Radiation Areas in Nuclear Power Plants,” describes an acceptable program for implementing the requirements of Title 10, Part 20, of the *Code of Federal Regulations* (10 CFR Part 20), “Standards for Protection Against Radiation.” In particular, 10 CFR 20.1101, “Radiation Protection Programs,” requires licensees to develop and implement a radiation protection program appropriate to the scope of licensed activities and potential hazards. To augment that requirement, 10 CFR 20.2102, “Records of Radiation Protection Programs,” requires licensees to document those radiation protection programs. An important aspect of such programs at nuclear power plants is the institution of a system of controls that includes procedures, training, audits, and physical barriers to protect workers against unplanned exposures in high and very high radiation areas. Toward that end, 10 CFR 20.1601 provides specific requirements applicable to controlling access to high radiation areas, while 10 CFR 20.1602 provides additional requirements to prevent unauthorized or inadvertent entry into very high radiation areas. Appendix A to the revised guide augments this guidance with recommended procedures for good operating practices for underwater diving operations in high and very high radiation areas. In addition, Appendix B summarizes past experience with very high and potentially very high radiation areas, so that pertinent historical information is readily accessible. Dose rates in areas of nuclear power plants that are accessible to individuals can vary over several orders of magnitude. High radiation areas, where personnel can receive doses in excess of the regulatory limits in a relatively short time, require special controls. Very high radiation areas require much stricter monitoring and controls, because failure to adequately implement effective radiological controls can result in radiation doses that result in a significant health risk. Thus, it is important that licensees have effective programs for controlling access to high and very high radiation areas because of the potential for overexposure. The primary purpose of this revision is to clarify the terminology related to the physical barriers that licensees could use to prevent unauthorized personnel access to high and very high radiation areas. The original version of Regulatory Guide 8.38 used the term “inadvertent entry” with two different connotations. As used in Section 1.5, “Physical Controls,” the term was intended to connote “not a willful violation.” In several other sections, however, “inadvertent entry” was used to mean “an accidental, or unintended, entry.” This disparity led to inconsistent readings of the staff's regulatory position by licensees and other stakeholders. Consequently, in preparing this revision, the NRC staff rewrote Section 1.5 to eliminate the use of the term “inadvertent entry,” and provide additional guidance on the acceptability of physical barriers used to control access to high radiation areas. The staff also revised Section 1.6, “Shielding,” and Section 4.2, “Materials,” to explicitly state the staff's regulatory positions, which were only implied in the original version. In addition, the staff updated Appendix B to include recent references that discuss industry experiences with high and very high radiation areas. Revision 1 to Regulatory Guide 8.38 does not change previous staff positions. Therefore, this revision does not constitute a backfit, as defined in 10 CFR 50.109. The NRC previously solicited public comment on this revised guide by publishing a **Federal Register** notice (70 FR 58490) concerning Draft Regulatory Guide DG-8028 on October 6, 2005. Following the closure of the public comment period on December 5, 2005, the staff considered all stakeholder comments in the course of preparing Revision 1 of Regulatory Guide 8.38. The staff's responses to all comments received are available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession #ML061350247. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about Revision 1 of Regulatory Guide 8.38 may be directed to Harriet Karagiannis at

(301)415-6377 or by e-mail to *HXK@nrc.gov.* Regulatory guides are available for inspection or downloading through the NRC's public Web site in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies of Revision 1 of Regulatory Guide 8.38 are also available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession #ML061350096. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland; the PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Requests for single copies of draft or final guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future draft guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov* ; or by fax to

(301)415-2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 31st day of May, 2006. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E6-8975 Filed 6-8-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS343] WTO Dispute Settlement Proceeding Regarding United States—Antidumping Measures on Shrimp From Thailand AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing notice that on April 24, 2006, Thailand requested consultations with the United States under the *Marrakesh Agreement Establishing the World Trade Organization* (“WTO Agreement”) concerning certain issues relating to the imposition of antidumping measures on shrimp from Thailand. That request may be found at *http://www.wto.org* contained in a document designated as WT/DS343/1. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before June 30, 2006 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted

(i)electronically, to *FR0619@ustr.eop.gov* , Attn: “Thailand Shrimp Zeroing/Bond Dispute (DS343)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508,

(202)395-9622. SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round Agreements Act (“URAA”) (19 U.S.C. 3537(b)(1)) requires that notice and opportunity for comment be provided after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. In an effort to provide additional opportunity for comment, USTR is providing notice that consultations have been requested pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (“DSU”). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by Thailand On August 4, 2004, the Department of Commerce published in the **Federal Register** notice of its affirmative preliminary less-than-fair-value (“LTFV”) determination in an investigation concerning certain frozen and canned warm water shrimp from Thailand (69 FR 47,100). On December 23, 2004, the Department of Commerce published notice of its affirmative final LTFV determination (69 FR 76,918), and on February 1, 2005, the Department of Commerce published an amended final LTFV determination, along with an antidumping duty order, covering only certain frozen warm water shrimp from Thailand (70 FR 5145). The latter notice contains the final margins of LTFV sales, as provided in section 733 of the Tariff Act of 1930, as amended. In its request for consultations, Thailand alleges that the United States “through its use of ‘zeroing' * * * failed to make a fair comparison between the export price and the normal value, and calculated distorted margins of dumping,” and therefore violated Articles 1, 2.1, 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.8, 9.2 and 9.3 of the AD Agreement. In addition, Thailand alleges that the United States has imposed on importers a requirement to maintain a continuous entry bond in the amount of the anti-dumping duty margin multiplied by the value of imports of frozen warmwater shrimp imported by the importer in the preceding year, and that the continuous bond requirement and its application to goods subject to the order “constitute specific action against dumping not in accordance with” Article VI:2 of the *General Agreement on Tariffs and Trade 1994* (“GATT 1994”) and its Ad Article, as well as Articles 2, 7.1, 7.2, 7.5, 9.2, and 9.3 of the AD Agreement. Thailand also states that the continuous bond requirement as such and its application to imports of frozen warmwater shrimp from Thailand may be inconsistent with Articles I:1, II, III, XI:1 and XIII:1, and may not be justified under Article XX(d), of the GATT 1994. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit their comments either

(i)electronically, to *FR0619@ustr.eop.gov,* Attn: “Thailand Shrimp Zeroing/Bond Dispute (DS343)” in the subject line, or

(ii)by fax to Sandy McKinzy at

(202)395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. USTR encourages the submission of documents in Adobe PDF format, as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “Business Confidential” at the top and bottom of the cover page and each succeeding page. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—

(1)Must clearly so designate the information or advice;

(2)Must clearly mark the material as “Submitted in Confidence” at the top and bottom of the cover page and each succeeding page; and

(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened, the U.S. submissions to that panel, the submissions, or non-confidential summaries of submissions, to the panel received from other participants in the dispute, as well as the report of the panel; and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket No. WT/DS-343, Thailand Shrimp Zeroing/Bond Dispute) may be made by calling the USTR Reading Room at

(202)395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E6-9034 Filed 6-8-06; 8:45 am] BILLING CODE 3190-W6-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53592; File No. SR-NYSEArca-2006-21] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Approval of Market Data Fees for NYSE Arca Data June 7, 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 May 23, 2006, the NYSE Arca, Inc. (“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 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, through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), proposes to establish market data fees for the receipt and use of market data that the Exchange makes available. The text of the proposed rule change is available below. Proposed new language is *italicized.* Schedule of NYSE Arca Market Data Fees *1. Monthly Access Fees.* *A. Direct Access: $750 per set of four Logons* *B. Indirect Access: $750* *2. Monthly Device Fees* *A. Professional Subscribers* *i. For ArcaBook information relating to Exchange-Traded Funds and CTA Plan Securities: $15.00* *ii. For ArcaBook information relating to UTP Plan Securities (other than Exchange-Traded Funds): $15.00* *iii. For limit order information and last sale price information relating to bonds that are traded through NYSE Arca facilities: No charge.* *B. Nonprofessional Subscribers * i. For ArcaBook information relating to Exchange-Traded Funds and CTA Plan Securities: $5.00 *ii. For ArcaBook information relating to UTP Plan Securities (other than Exchange-Traded Funds): $5.00* *iii. For limit order information and last sale price information relating to bonds that are traded through NYSE Arca facilities: No charge.* *C. Maximum Monthly Device Fee Payments. An entity that is registered as a broker-dealer under the Securities Exchange Act of 1934 is not required to pay more than the monthly broker-dealer “Maximum Amount” for device fees payable in respect of services that it provides to:* *(i) Nonprofessional Subscribers that maintain brokerage accounts with the broker-dealer; and* *(ii) Professional Subscribers that are not affiliated with the broker-dealer or any affiliate of the broker-dealer (either as an officer, partner or employee or otherwise) and that maintain brokerage accounts directly with the broker-dealer (that is, with the broker-dealer rather than with a correspondent firm of the broker dealer);* *provided, however, that Nonprofessional Subscribers must comprise no less than 90 percent of the pool of subscribers as to which the monthly Maximum Amount applies. The “Maximum Amount” for any month in calendar year 2006 shall equal $20,000. The “Maximum Amount” for the months falling in a subsequent calendar year shall increase by the percentage increase (if any) in the annual composite share volume for the calendar year preceding that subsequent calendar year, subject to a maximum annual increase of five percent.* *For example, if the annual composite share volume for calendar year 2006 increases by three percent over the annual composite share volume for calendar year 2005, then the monthly Maximum Amount for months falling in calendar year 2007 would increase by three percent to $20,600.* *D. Free Trial Period—No device fees apply in respect of the receipt of NYSE Arca Market Data by a Professional Subscriber or Nonprofessional Subscriber in the calendar month in which the subscriber first becomes authorized to receive the data. For example, if a subscriber becomes authorized to receive NYSE Arca Market Data on May 10, the device fees will not apply during that month of May.* *For the purposes of this Market Data Fee Schedule, the following definitions shall apply:* *1. “CTA Plan” means the plan pursuant to which national securities exchanges disseminate last sale prices of transactions in CTA Plan Securities in compliance with Rule 601 under Regulation NMS. The CTA Plan can be found at http://www.nysedata.com/nysedata/Default.aspx?tabid=227.* *2. “CTA Plan Security” means a security

(a)that is listed for trading on one or more national securities exchanges, other than those listed on the Nasdaq Stock Market, Inc., and

(b)trades in which are reported pursuant to the CTA Plan* *3. “Direct Access” means access to NYSE Arca market data by means of a direct connection or linkage to NYSE Arca facilities. “Indirect Access” means access to NYSE Arca Data through an intermediary.* *4. “Exchange-Traded Fund” means exchange-listed securities representing interests in open end unit investment trusts or open-end management investment companies that hold securities based on an index or a portfolio of securities.* *5. “Logon” means a single means of access to one instance of an NYSE Arca datafeed. For example, if an access recipient gains access to NYSE Arca Data during a month by means of one logon to receive ArcaBook, a second logon to receive NYSE Arca bond information, a third logon to receive NYSE Arca back-up access to ArcaBook and a fourth logon to receive back-up access to NYSE Arca bond information, that recipient would have enjoyed four Logons during the month.* *6. “Nonprofessional Subscriber” means an authorized end-user of NYSE Arca Data who is a natural person and who is neither:* *(a) Registered or qualified with the Securities and Exchange Commission (the “Commission”), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association;* *(b) Engaged as an “investment advisor” as that term is defined in Section 202(a)(11) of the Investment Advisers Act of 1940 (whether or not registered or qualified under that act); nor* *(c) Employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him/her to be so registered or qualified if he/she were to perform such functions for an organization not so exempt.* *7. “Professional Subscriber” means an authorized end-user of NYSE Arca Data that has not qualified as a Nonprofessional Subscriber.* *8. “UTP Plan” means the “Reporting Plan for Nasdaq/National Market System Securities Traded on an Exchange on an Unlisted or Listed Basis” pursuant to which national securities exchanges disseminate last sale prices of transactions in UTP Plan Securities in compliance with Rule 601 under Regulation NMS. The UTP Plan can be found at http://www.utpdata.com.* *9. “UTP Plan Security” means a security that is listed for trading on the Nasdaq Stock Market, Inc. and

(a)as to which unlisted trading privileges have been granted pursuant to Section 12(f) of the Exchange Act or which become eligible for such trading by order of the Commission or

(b)which is also listed on another national securities exchange.* 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 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 Statutory Basis for, the Proposed Rule Change 1. Purpose a. *The Services.* Through NYSE Arca, L.L.C. (“NYSE Arca”), the equities trading facility of NYSE Arca Equities, the Exchange makes ArcaBook SM , a compilation of all limit orders resident in the NYSE Arca limit order book, available on a real-time basis. 3 In addition, the Exchange makes available real-time information relating to transactions and limit orders in debt securities that are traded through the Exchange's facilities. 3 The Exchange notes that it makes available to vendors the best bids and offers that are included in ArcaBook data no earlier than it makes those best bids and offers available to the processors under the Consolidated Quotation System Plan (“CQ Plan”) and the “Reporting Plan for Nasdaq/National Market System Securities Traded on an Exchange on an Unlisted or Listed Basis” (“UTP Plan”). The Exchange makes ArcaBook and the bond trade and limit order information (collectively, “NYSE Arca Data”) available to market data vendors, broker-dealers, private network providers and other entities by means of data feeds. By making NYSE Arca Data available, ArcaBook enhances market transparency and fosters competition among orders and markets. b. *Fees.* The Exchange proposes to establish the Market Data Fee Schedule to the proposed rule change for the receipt and use of NYSE Arca Data. As the Market Data Fee Schedule details, the Exchange is proposing to assess access fees and professional and nonprofessional device fees, categories of fees that are consistent with the fees that the New York Stock Exchange (“NYSE”) and the Nasdaq Stock Market (“Nasdaq”), and the Participants in the Consolidated Tape Association (“CTA”), CQ, UTP and Options Pricing Reporting Authority (“OPRA”) Plans, charge for the receipt and use of their market data. i. *Access Fees.* The Exchange proposes to impose a monthly $750 fee for a data recipient to gain direct access to the datafeeds through which the Exchange makes NYSE Arca Data available. This fee would entitle the datafeed recipient to gain access to NYSE Arca Data for a set of up to four “Logons.” A “Logon” is activation of a means of direct access to any of the NYSE Arca datafeeds. For instance, if a datafeed recipient gains access to NYSE Arca Data one or more times during a month using an Exchange-provided and approved logon that provides access to the ArcaBook datafeed, that would constitute a “Logon.” If, during that month, the datafeed recipient uses a different logon name that allows for access to a server that provides access to the ArcaBook datafeed, that would constitute a second “Logon.” The Exchange proposes to impose a monthly $750 fee for a data recipient to gain indirect access to the datafeeds through which the Exchange makes NYSE Arca Data available for any number of Logons. “Indirect access” refers to access to a NYSE Arca Datafeed indirectly through one or more intermediaries, rather than by means of a direct connection or linkage with the Exchange's facilities. ii. *Device Fees.* The Exchange proposes to establish device fees for professional and nonprofessional subscribers for the display of ArcaBook. In differentiating between professional and nonprofessional subscribers, the Exchange proposes to apply the same criteria for qualification as a nonprofessional subscriber as the CTA and CQ Plan Participants use. a. *For Professional Subscribers.* For professional subscribers, the Exchange is proposing to establish

(i)a monthly fee of $15 per device for the receipt of ArcaBook data relating to Exchange-Traded Funds and those equity securities for which reporting is governed by the CTA Plan (“CTA Plan and ETF Securities”) and

(ii)a monthly fee of $15 per device for the receipt of ArcaBook data relating to those equity securities for which reporting is governed by the UTP Plan (excluding Exchange-Traded Funds; “UTP Plan Securities”). The combined monthly professional subscriber device fee of $30 ( *i.e.* , for receipt of Arca data relating to CTA Plan and ETF Securities and to UTP Plan Securities) compares favorably with comparable fees charged by other exchanges for similar services. For instance, for professional subscribers, Nasdaq charges $76 for its combined TotalView 4 and OpenView 5 products and NYSE charges $60 for NYSE OpenBook. 6 4 Through TotalView, Nasdaq provides information relating to the displayed quotes and orders of Nasdaq participants in UTP Plan Securities. TotalView displays quotes and orders at multiple prices and is similar to ArcaBook. 5 Through OpenView, Nasdaq provides information relating to the displayed quotes and orders of Nasdaq participants in CTA Plan Securities. OpenView displays quotes and orders at multiple prices and is similar to ArcaBook. 6 Through NYSE OpenBook, NYSE provides information relating to limit orders. b. *For Nonprofessional subscribers.* For nonprofessional subscribers, the Exchange is proposing to reduce those monthly fees to $5 per device for the receipt of ArcaBook data relating to CTA Plan and ETF Securities and $5 per device for the receipt of ArcaBook data relating to UTP Plan Securities ( *i.e.* , a combined fee of $10 for both CTA Plan and ETF Securities and UTP Plan Securities). The Exchange proposes to limit for any one month the maximum amount of device fees payable by any broker-dealers in respect of nonprofessional subscribers that maintain brokerage accounts with the broker-dealer. Professional subscribers may be included in the calculation of the monthly maximum amount, so long as:

(1)Nonprofessional subscribers comprise no less than 90 percent of the pool of subscribers that are included in the calculation;

(2)Each professional subscriber that is included in the calculation is not affiliated with the broker-dealer or any of its affiliates (either as an officer, partner or employee or otherwise); and

(3)Each such professional subscriber maintains a brokerage account directly with the broker-dealer (that is, with the broker-dealer rather than with a correspondent firm of the broker dealer). For 2006, the maximum amount for any calendar month shall equal $20,000. For the months falling in a subsequent calendar year, the maximum monthly payment shall increase (but not decrease) by the percentage increase (if any) in the annual composite share volume 7 for the calendar year preceding that subsequent calendar year, subject to a maximum annual increase of five percent. 8 For example, if the annual composite share volume for calendar year 2006 increases by three percent over the annual composite share volume for calendar year 2005, then the monthly “Maximum Amount” for months falling in calendar year 2007 would increase by three percent to $20,600. 7 “Composite share volume” for a calendar year refers to the aggregate number of shares in all securities that trade over NYSE Arca facilities for that calendar year. 8 This is the same annual increase calculation that the Commission approved for the CTA Monthly Maximum. *See* Securities Act Release No. 34-41977 (October 5, 1999) (File No. SR-CTA/CQ-99-01). The Maximum Amount compares favorably with monthly maximums payable to Nasdaq and to the CTA Plan Participants. Nasdaq set the maximum at $25,000 per month for nonprofessional subscribers' receipt of TotalView, though it does not apply to OpenView or to Level 1 or NQDS services. The CTA Plan Participants currently set the maximum at $630,000 per month for internal distribution within a broker-dealer's organization and for the broker-dealer's distribution to nonprofessional subscribers that maintain brokerage accounts (the “CTA Monthly Maximum”). The Exchange notes that these device fees are lower than the fees that NYSE and Nasdaq charge for their limit order data services. The Exchange does not presently propose to impose device fees for the display of limit order, quotation and last sale price information relating to bonds that are traded through the Exchange's facilities. The Exchange will not establish device fees for that information without first filing with the Commission a proposed rule change on Form 19b-4 and receiving Commission approval. iii. *Free Trial Period.* As an incentive to prospective subscribers, the Exchange proposes to offer subscribers the right to receive NYSE Arca Data free of charge for the duration of the billable month in which the subscriber first gains access to the data. For example, if a subscriber (whether professional or nonprofessional) is billed on a calendar-month basis and first gains access to NYSE Arca Data on May 10, the device fees set forth in the proposed rule change will not apply during that month of May. iv. *Justification of fees.* NYSE Arca believes that the proposed market data fees would reflect an equitable allocation of its overall costs to users of its facilities. The Exchange believes that the fees are fair and reasonable because they compare favorably to fees that other markets charge for similar products. For instance, the combined monthly professional subscriber device fee of $30 ( *i.e.* , for receipt of NYSE Arca data relating to CTA Plan and ETF Securities and to UTP Plan Securities) compares favorably with the $76 that Nasdaq charges professional subscribers for its combined TotalView and OpenView products and the $60 that NYSE charges professional subscribers for NYSE OpenBook. For nonprofessional subscribers, Nasdaq charges $14 per month for its TotalView product and does not offer a nonprofessional subscriber rate for OpenView. Similarly, NYSE does not offer a nonprofessional subscriber rate for its OpenBook product. NYSE Arca proposes to charge nonprofessional subscribers $10 per month for NYSE Arca data relating to CTA Plan and ETF Securities and to UTP Plan Securities. For direct access, NYSE Arca proposes to charge $750 per month for a set of up to four logons and, for indirect access, NYSE Arca proposes to charge $750 per month for any number of logons. In contrast, NYSE charges $5000 per month for direct or indirect access to OpenBook and Nasdaq charges $2500 per month for access to TotalView and another $2500 per month for access to the OpenView datafeed. c. *Contracts.* The Exchange will require each recipient of a datafeed containing NYSE Arca Data to enter into the form of “vendor” agreement into which the CTA and CQ Plans require recipients of the Network A datafeeds to enter. That agreement will authorize the datafeed recipient to provide NYSE Arca Data services to its customers or to distribute the data internally. In addition, the Exchange will require each professional end-user that receives NYSE Arca Data displays from a vendor or broker-dealer to enter into the form of professional subscriber agreement into which the CTA and CQ Plans require end users of Network A data to enter and to require vendors and broker-dealers to subject nonprofessional subscribers to the same contract requirements as the CTA and CQ Plan Participants require of Network A nonprofessional subscribers. The Network A Participants drafted the vendor and Network A professional subscriber agreements as one-size-fits-all forms to capture most categories of market data dissemination. They are sufficiently generic to accommodate NYSE Arca Data. The Commission has approved the vendor form and the professional subscriber form. 9 9 *See* Securities Exchange Act Release Nos. 34-22851 (January 31, 1986), 51 FR 5135 (February 11, 1986); 34-28407 (September 6, 1990), 55 FR 37276 (September 10, 1990); and 34-49185 (February 4, 2004), 69 FR 6704 (February 11, 2004). 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 10 in general, and furthers the objectives of Section 6(b)(4) of the Act 11 in particular, in that it provides for the equitable allocation of reasonable fees, dues, and other charges among Exchange participants, issuers and other persons using its facilities. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed fee change will not impose any burden on competition that is not necessary or appropriate in the furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments regarding the proposed rule change. The Exchange has not received any unsolicited written comments from Exchange participants or other interested parties. 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 Exchange 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-NYSEArca-2006-21 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-NYSEArca-2006-21. 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 Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make publicly available. All submissions should refer to File Number SR-NYSEArca-2006-21 and should be submitted on or before June 30, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Jill M. Peterson, Assistant Secretary. [FR Doc. 06-5300 Filed 6-7-06; 1:12 pm]

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