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Code · REGISTER · 2006-07-05 · U.S. Office of Personnel Management (OPM) · Notices

Notices. Notice of a new system of records

16,486 words·~75 min read·/register/2006/07/05/06-5985

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3210-01-M OFFICE OF PERSONNEL MANAGEMENT Privacy Act of 1974: New System of Records AGENCY: U.S. Office of Personnel Management (OPM). ACTION: Notice of a new system of records. SUMMARY: OPM proposes to add a new system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records maintained by the agency (5 U.S.C. 552a(e)(4)).
DATES: The new system will be effective without further notice on August 14, 2006, unless we receive comments that result in a contrary determination. ADDRESSES: Send written comments to the Office of Personnel Management, ATTN: Nelldean Monroe, OPM Voting Rights Administrator, P.O. Box 25167, Denver, CO 80225-0167. FOR FURTHER INFORMATION CONTACT: Nelldean Monroe, 303-236-8031. SUPPLEMENTARY INFORMATION: The Web-Enabled Voting Rights System (WEVRS) will allow OPM the ability to fulfill its mandate under the Voting Rights Act of 1965, as amended, to maintain a list of Federally registered voters (“the List”) by county, city, and precinct.
Specified OPM personnel will use WEVRS to update the List when they receive notification and documentation from a jurisdiction about a change in a voter's name, address, or eligibility status. The system will also afford the Department of Justice read-only access to the List for monitoring purposes as required by the Voting Rights Act. Furthermore, it will allow jurisdictions limited read-only access so that they can identify and report changes to OPM about a voter's name, address, or eligibility status.
U.S. Office of Personnel Management. Linda M. Springer, Director. OPM INTERNAL-17 System Name: Web-Enabled Voting Rights System (WEVRS). System Location: The IT infrastructure of WEVRS is housed at Office of Personnel Management (OPM), 1900 E Street NW., Washington, DC 20415. Related original paperwork is housed at the Voting Rights Section, OPM, Room B1503, Building 20, Denver Federal Center, Denver, CO 80225. Categories of Individuals Covered by the System: This system contains records on certain citizens who were listed to vote by the Federal Government in order to ensure access to registration.
The system currently contains information on approximately 112,000 Federally registered voters who live in certain counties and parishes (hereafter referred to as “covered jurisdictions”) in five states: Alabama, Georgia, Louisiana, Mississippi, and South Carolina. Categories of Records in the System: The records in the database may contain the following on an individual voter: a. Name. b. Address, including state, county, and precinct. c. Birth date. d. Number and date of the Federal certificate (i.e., voting registration card). e.
The line number where the voter's name appears on original paper versions of the list of Federally registered voters (“the List”). The same information may also appear on the paper certificates and in the original List. Authority for Maintenance of the System: The Voting Rights Act of 1965 (42 U.S.C. 1973), as amended, gives OPM the authority for maintenance of the system. Purpose: In accordance with the Voting Rights Act of 1965, as amended, OPM maintains the List, keeping it as up-to-date as possible.
If designated by Federal examiners, OPM can add voters to the List. If the appropriate jurisdictions provide proof to OPM that Federally listed voters have lost their eligibility to vote under state law, OPM will remove those voters' names from the List. Voters can become ineligible to vote under state laws for reasons such as death, loss of U.S. citizenship, conviction of a felony, legal declaration of insanity or incompetence, or change in residence outside of the certified county/parish where Federally registered.
Also, when appropriate jurisdictions provide the specified documentation, OPM makes name, address, and precinct changes to the List as necessary. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: Information in these records may be used: 1. For maintaining the List. 2. For the National Archives and Records Administration—To disclose information to the National Archives and Records Administration for use in records management inspections. 3.
For litigation—To disclose information to the Department of Justice (DOJ), or in a proceeding before a court, adjudicative body or other administrative body before which OPM is authorized to appear, when: OPM, or any component thereof; or any employee of OPM in his or her official capacity; or any employee of OPM in his or her individual capacity where DOJ or OPM has agreed to represent the employee; or the United States, when OPM determines that litigation is likely to affect OPM or any of its components; is a party to litigation or has an interest in such litigation, and the use of such records by DOJ or OPM is deemed by OPM to be arguably relevant and necessary to the litigation provided; however, that the disclosure is compatible with the purpose for which records were collected. 4.
For Certain Disclosures to DOJ—To disclose relevant and necessary information to designated officers and employees of DOJ for:
(a)Providing information to covered jurisdictions upon their request.
(b)Reminding covered jurisdictions of the presence of Federally registered voters within their bounds.
(c)Comparing voters on the List to those on county/parish voter registration lists. 5. For Certain Disclosures to States and Covered Jurisdictions—To reference information on the List when they make requests for changes or removals from it, and to ensure the accuracy of the voter registration lists. Policies and Practices of Storing, Retrieving, Safeguarding, Retaining, and Disposing of Records in the System: Storage: WEVRS maintains these records in an electronic database. OPM maintains the original List in press-board binders by date and jurisdiction in filing cabinets. It also maintains originals, or copies of originals, of Federal certificates (i.e., voter registration cards) in card files. Retrievability: Records in WEVRS may be retrieved by the name, address, state, county/parish, or precinct of the individual about whom they are maintained. Safeguards: OPM has adopted appropriate administrative, technical, and physical controls in accordance with its Automated Information Systems Security Program to protect information in the WEVRS database. OPM stores the List and certificates in locked, metal file cabinets in a secured room. OPM restricts access to all of these records to employees who have the appropriate clearance and need-to-know. Retention and Disposal: OPM maintains these records in accordance with OPM's Records Retention Schedule, Section 3.LEG.01. System Manager and Address: Associate Director, Human Resources Products and Services Division, Office of Personnel Management, Room 4310, 1900 E Street NW., Washington, DC 20415-4000. Notification and Record Access Procedure: Individuals wishing to determine whether this system of records contains information about them may do so by writing to FOI/P, OPM, ATTN: Mary Beth Smith-Toomey, Office of the Chief Information Officer, 1900 E Street NW., Room 5415, Washington, DC 20415-7900. Individuals must furnish the following information for their records to be located: 1. Full name. 2. Date and place of birth. 3. Social Security Number. 4. Signature. 5. Available information regarding the type of information requested. 6. The reason why the individual believes this system contains information about him/her. 7. The address to which the information should be sent. Individuals requesting access must also comply with OPM's Privacy Act regulations regarding verification of identity and access to records (5 CFR part 297). Contesting Record Procedure: Individuals wishing to request amendment of records about them should write to Nelldean Monroe, OPM Voting Rights Administrator, P.O. Box 25167, Denver, CO 80225-0167 and furnish the following information for their records to be located: 1. Full name. 2. Date and place of birth. 3. Social Security Number. 4. Signature. 5. Precise identification of the information to be amended. Individuals requesting amendment must also follow OPM's Privacy Act regulations regarding verification of identity and amendment to records (5 CFR part 297). Record Source Categories: Information in this system of records is obtained from: 1. The individual to whom the information applies. 2. Election commissioners and registrars of voters of covered jurisdictions. System Exemptions: None. [FR Doc. E6-10369 Filed 7-3-06; 8:45 am] BILLING CODE 6325-38-P POSTAL RATE COMMISSION [Order No. 1469; Docket No. A2006-1] Post Office Closing Appeal; Pittsburgh, PA AGENCY: Postal Rate Commission. ACTION: Notice and order. SUMMARY: This document informs the public that a petitioner has filed an appeal of a post office closing in Pittsburgh, PA. It notes, among other things, that several preliminary steps have been taken, such as assigning the appeal a docket number, informing the Postal Service of the appeal, and developing a procedural schedule. A decision on the merits has not yet been made. DATES: See SUPPLEMENTARY INFORMATION for dates. ADDRESSES: Submit comments electronically via the Commission's Filing Online system at *http://www.prc.gov* . FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202-789-6820. SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 U.S.C. 404(b), the Commission has accepted the petitioner's appeal of the closing of the Observatory Finance Station, Pittsburgh, PA. The Commission hereby institutes a proceeding under 39 U.S.C. 404(b)(5) and designates the case as Docket No. A2006-1 to consider the petitioner's appeal. *Categories of issues apparently raised.* The categories of issues that appear to be raised include: 1. Observance of procedure required by law [39 U.S.C. 404(b)(5)(B)]; 2. Effect on the community [39 U.S.C. 404(b)(2)(A)]; and 3. Effect of resulting economic savings [39 U.S.C. 404(b)(2)(A)(iii)]. After the Postal Service files the administrative record and the Commission reviews it, the Commission may find that there are more legal issues than those set forth above. Or, the Commission may find that the Postal Service's determination disposes of one or more of those issues. The deadline for the Postal Service to file the administrative record with the Commission is July 6, 2006 [39 CFR 3001.113]. *Availability; Web site posting.* The Commission has posted the appeal and supporting material on its Web site at *http://www.prc.gov* . Additional filings in this case and participants' submissions also will be posted on the Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission's Web site is available online or by contacting the Commission's webmaster via telephone at 202-789-6873 or via electronic mail at *prc-webmaster@prc.gov* . The appeal and all related documents are also available for public inspection in the Commission's docket section. Docket section hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on federal government holidays. Docket section personnel may be contacted via electronic mail at *prc-dockets@prc.gov* or via telephone at 202-789-6846. Filing of documents. All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission's Web site *http://www.prc.gov* , unless a waiver is obtained [39 CFR 3001.9(a) and 10(a)]. Instructions for obtaining an account to file documents online may be found on the Commission's Web site, *http://www.prc.gov* , or by contacting the Commission's docket section at *prc-dockets@prc.gov* or via telephone at 202-789-6846. *Intervention.* Those, other than the petitioner and respondent, wishing to be heard in this matter are directed to file a notice of intervention on or before July 24, 2006 in accordance with 39 CFR 3001.111. The notice of intervention shall be filed using the Internet (Filing Online) at the Commission's Web site ( *http://www.prc.gov* ), unless a waiver is obtained for hardcopy filing. Rules 9(a) and 10(a) [39 CFR 3001.9(a) and 10(a)]. *Further procedures.* The Postal Reorganization Act requires that the Commission issue its decision within 120 days from the date this appeal was filed [39 U.S.C. 404 (b)(5)]. A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may request the Postal Service or other participants to submit memoranda of law on any appropriate issue. If requested, such memoranda will be due 14 days from the issuance of the request. Responses to such memoranda will be due 14 days from the date the memoranda is filed. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed [39 CFR 3001.21]. If necessary, the Commission also may ask petitioners or the Postal Service for more information. *It is ordered:* 1. The Postal Service shall file the administrative record in this appeal by July 6, 2006. 2. The procedural schedule is listed below. 3. The Secretary shall arrange for publication of this notice and order and procedural schedule in the **Federal Register** . Procedural Schedule June 21, 2006: Filing of appeal. June 28, 2006: Commission notice and order of filing of appeal. July 6, 2006: Deadline for Postal Service to file administrative record in this appeal. July 24, 2006: Last day of filing of petitions to intervene [ *see* 39 CFR 3001.111(b)]. July 26, 2006: Petitioner's participant statement or initial brief [ *see* 39 CFR 3001.115(a) and (b)]. August 15, 2006: Postal Service's answering brief [ *see* 39 CFR 3001.115(c)]. August 30, 2006: Petitioner's reply brief should petitioner choose to file one [ *see* 39 CFR 3001.115(d)]. September 6, 2006: Deadline for motions by any party requesting oral argument. The Commission will schedule oral argument only when it is a necessary addition to the written filings [ *see* 39 CFR 3001.116]. October 19, 2006: Expiration of the Commission's 120-day decisional schedule [ *see* 39 U.S.C. 404(b)(5)]. Issued June 28, 2006. By the Commission. Steven W. Williams, Secretary. [FR Doc. E6-10439 Filed 7-3-06; 8:45 am] BILLING CODE 7710-FW-P SECURITIES AND EXCHANGE COMMISSION [Release 34-54056; File No. 600-23] Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Order Approving an Extension of Temporary Registration as a Clearing Agency June 28, 2006. The Securities and Exchange Commission (“Commission”) is publishing this notice and order to solicit comments from interested persons and to extend the Fixed Income Clearing Corporation's (“FICC”) temporary registration as a clearing agency through June 30, 2007. 1 1 FICC is the successor to MBS Clearing Corporation and Government Securities Clearing Corporation. On May 24, 1988, pursuant to sections 17A(b) and 19(a) of the Act 2 and Rule 17Ab2-1 promulgated thereunder, 3 the Commission granted the Government Securities Clearing Corporation (“GSCC”) registration as a clearing agency on a temporary basis for a period of three years. 4 The Commission subsequently extended GSCC's registration through June 30, 2003. 5 2 15 U.S.C. 78q-1(b) and 78s(a). 3 17 CFR 240.17Ab2-1. 4 Securities Exchange Act Release No. 25740 (May 24, 1988), 53 FR 19639. 5 Securities Exchange Act Release Nos. 25740 (May 24, 1988), 53 FR 19639; 29236 (May 24, 1991), 56 FR 24852; 32385 (June 3, 1993), 58 FR 32405; 35787 (May 31, 1995), 60 FR 30324; 36508 (November 27, 1995), 60 FR 61719; 37983 (November 25, 1996), 61 FR 64183; 38698 (May 30, 1997), 62 FR 30911; 39696 (February 24, 1998), 63 FR 10253; 41104 (February 24, 1999), 64 FR 10510; 41805 (August 27, 1999), 64 FR 48682; 42335 (January 12, 2000), 65 FR 3509; 43089 (July 28, 2000), 65 FR 48032; 43900 (January 29, 2001), 66 FR 8988; 44553 (July 13, 2001), 66 FR 37714; 45164 (December 18, 2001), 66 FR 66957; 46135 (June 27, 2002), 67 FR 44655. On February 2, 1987, pursuant to sections 17A(b) and 19(a) of the Act 6 and Rule 17Ab2-1 promulgated thereunder, 7 the Commission granted the MBS Clearing Corporation (“MBSCC”) registration as a clearing agency on a temporary basis for a period of eighteen months. 8 The Commission subsequently extended MBSCC's registration through June 30, 2003. 9 6 *Supra* note 2. 7 *Supra* note 3. 8 Securities Exchange Act Release No. 24046 (February 2, 1987), 52 FR 4218. 9 Securities Exchange Act Release Nos. 25957 (August 2, 1988), 53 FR 39537; 27079 (July 31, 1989), 54 FR 34212; 28492 (September 28, 1990), 55 FR 41148; 29751 (September 27, 1991), 56 FR 50602; 31750 (January 21, 1993), 58 FR 6424; 33348 (December 15, 1993), 58 FR 68183; 35132 (December 21, 1994), 59 FR 67743; 37372 (June 26, 1996), 61 FR 35281; 38784 (June 27, 1997), 62 FR 36587; 39776 (March 20, 1998), 63 FR 14740; 41211 (March 24, 1999), 64 FR 15854; 42568 (March 23, 2000), 65 FR 16980; 44089 (March 21, 2001), 66 FR 16961; 44831 (September 21, 2001), 66 FR 49728; 45607 (March 20, 2002), 67 FR 14755; 46136 (June 27, 2002), 67 FR 44655. On January 1, 2003, MBSCC was merged into GSCC, and GSCC was renamed FICC. 10 The Commission subsequently extended FICC's temporary registration through June 30, 2006. 11 10 Securities Exchange Act Release No. 47015 (December 17, 2002), 67 FR 78531 (December 24, 2002) [File Nos. SR-GSCC-2002-07 and SR-MBSCC-2002-01]. 11 Securities Exchange Act Release Nos. 48116 (July 1, 2003), 68 FR 41031; 49940 (June 29, 2004), 69 FR 40695; 51911 (June 23, 2005), 70 FR 37878. On June 2, 2006, FICC requested that the Commission grant FICC permanent registration as a clearing agency or in the alternative extend FICC's temporary registration until such time as the Commission is prepared to grant FICC permanent registration. 12 12 Letter from Nikki Poulos, Vice President and General Counsel, FICC (June 2, 2006). Recently FICC announced its intention to implement a central counterparty (“CCP”) service in its Mortgage-Backed Services Division (“MBS Division”). Pursuant to this service, FICC, acting as the CCP for MBS Division members, would become the new legal counterparty to all original counterparties for eligible mortgage-backed securities transactions. Currently, FICC, through its Government Securities Division, acts as the CCP for its members U.S. Government securities transactions. The Commission therefore is extending FICC's temporary registration as a clearing agency in order that FICC may continue to provide its users clearing and settlement services as a registered clearing agency. The Commission will consider permanent registration of FICC at a future date after the Commission and FICC have had time to evaluate how FICC is functioning with its MBS Division acting as a CCP, assuming the MBS Division CCP service is implemented. 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 600-23 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 600-23. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal office of FICC and on FICC's Web site at *http://www.ficc.com.* 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 600-23 and should be submitted on or before July 26, 2006. *It is therefore ordered* that FICC's temporary registration as a clearing agency (File No. 600-23) be and hereby is extended through June 30, 2007. For the Commission by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(1506). Nancy M. Morris, Secretary. [FR Doc. E6-10433 Filed 7-3-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54051; File No. SR-NASD-2006-070] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing of Proposed Rule Change To Amend the Safe Harbor for Business Expansions June 27, 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 June 2, 2006, the National Association of Securities Dealers, Inc. (“NASD”) 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 NASD. 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 NASD is proposing to amend NASD Interpretative Material 1011-1 (Safe Harbors for Business Expansions) (“NASD IM-1011-1”) to limit the types of violations of NASD Rule 2110 (Standards of Commercial Honor and Principles of Trade) that would result in a member being ineligible to use the safe harbor for business expansions and to make certain technical changes. Below is the text of the proposed rule change. Proposed new language is *in italics;* proposed deletions are in [brackets]. IM-1011-1. Safe Harbor[s] for Business Expansions This interpretive material concerns the types of business expansions that will not require a member to submit a Rule 1017 application to obtain NASD *'s* [Regulation's] approval of the expansion. This safe harbor applies to:
(1)Firms that do not have a membership agreement, and
(2)firms that have a membership agreement that does not contain a restriction on the factors listed below. The safe harbor is not available to a member that has a membership agreement that contains a specific restriction as to one or more of the factors listed below. In that case, the agreement takes precedence because NASD [Regulation] has determined that a particular restriction should apply as to one or more of the factors, and NASD [Regulation] has issued a decision with a rationale for that restriction. Similarly, the safe harbor also does not apply if the member has a membership agreement that permits expansion beyond the limits set forth below (e.g., an Applicant requests and obtains approval for ten registered representatives in the first six months with an additional ten registered representatives in the next year); in such case, [the Department] *NASD* has specifically considered the firm's expansion plans and approved them. The safe harbor is not available to any member that has disciplinary history. For purposes of this Interpretation, “disciplinary history” means a finding of a violation by the member or a principal of the member in the past five years by the Securities and Exchange Commission, a self-regulatory organization, or a foreign financial regulatory authority of one or more of the following provisions (or a comparable foreign provision) or rules or regulations thereunder: *violations of the types enumerated in* Section[s] 15(b)(4)(E) [and 15(c)] of the Securities Exchange Act of 1934; *Section 15(c) of the Securities Exchange Act of 1934;* Section 17(a) of the Securities Act of 1933; SEC Rules 10b-5 and 15g-1 through 15g-9; NASD Rules 2110 *(only if the finding of a violation is for unauthorized trading, churning, conversion, material misrepresentations or omissions to a customer, front-running, trading ahead of research reports or excessive markups)* , 2120, 2310, 2330, 2440, 3010 (failure to supervise only), 3310, and 3330; and MSRB Rules G-19, G-30, and G-37(b) & (c). For those firms to which the safe harbor is available, the following types of expansions are presumed not to be a material change in business operations and therefore do not require a Rule 1017 application. For any expansion beyond these limits, a member should contact its district office prior to implementing the change to determine whether the proposed expansion requires an application under Rule 1017. Expansions in each area are measured on a rolling 12-month basis; members are required to keep records of increases in personnel, offices, and markets to determine whether they are within the safe harbor. “Associated Persons involved in sales” includes all Associated Persons, whether or not registered, who are involved in sales activities with public customers, including sales assistants and cold callers, but excludes clerical, back office, and trading personnel who are not involved in sales activities. Number of Associated Persons Involved in Sales Safe Harbor—Increase Permitted Within One Year Period Without Rule 1017 Application 1-10 10 persons. 11 or more 10 persons or a 30 percent increase, whichever is greater. Number of Offices (registered or unregistered): 1-5 3 offices. 6 or more 3 offices or a 30 percent increase, whichever is greater. Number of Markets Made: 1-10 10 markets. 11 or more 10 markets or a 30 percent increase, whichever is greater. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD 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. NASD 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 NASD Rule 1017 (Application for Approval of Change in Ownership, Control, or Business Operations) requires that a member submit an application to NASD for approval prior to, among other things, making a “material change in business operations,” which is defined in NASD Rule 1011. 3 NASD IM-1011-1 creates a safe harbor for certain types of expansions that are presumed not to be a “material change in business operations” and therefore do not require NASD approval. 4 This provides members with greater certainty regarding which expansions require approval and eliminates unnecessary applications for approval of business changes. 3 A “material change in business operations” is defined in NASD Rule 1011(i) and includes, but is not limited to: removing or modifying a membership agreement restriction; market making, underwriting, or acting as a dealer for the first time; and adding business activities that require a higher minimum net capital under SEC Rule 15c3-1. 4 The safe harbor permits within a one year period
(1)an increase of 10 persons if the firm has 10 or less associated persons in sales, or an increase of 10 persons or a 30 percent increase, whichever is greater, if the firm has 11 or more associated persons in sales;
(2)an increase of 3 offices if the firm has 5 or less offices, or an increase of 3 offices or a 30 percent increase, whichever is greater, if the firm has 6 or more offices; and
(3)an increase of 10 markets to be made if the firm makes 10 or less markets, or an increase of 10 markets or a 30 percent increase, whichever is greater, if the firm makes 11 or more markets. However, the safe harbor in NASD IM-1011-1 is not available to any member that, among other things, has a “disciplinary history” as defined in NASD IM-1011-1. 5 For purposes of NASD IM-1011-1, disciplinary history means a finding of a violation by a member or a principal of the member in the past five years by the SEC, a self-regulatory organization, or a foreign financial regulatory authority of one or more specified provisions (or comparable foreign provisions) or rules or regulations thereunder, 6 including NASD Rule 2110. 7 5 The safe harbor is also generally not available to members with membership agreements that contain certain restrictions on number of personnel, offices, and markets that may be made. 6 The applicable provisions are sections 15(b)(4)(E) and 15(c) of the Securities Exchange Act of 1934; section 17(a) of the Securities Act of 1933; SEC Rules 10b-5 and 15g-1 through 15g-9; NASD Rules 2110, 2120 (Use of Manipulative, Deceptive or Other Fraudulent Devices), 2310 (Recommendations to Customers (Suitability)), 2330 (Customers' Securities or Funds), 2440 (Fair Prices and Commissions), 3010 (Supervision-failure to supervise only), 3310 (Publication of Transactions and Quotations), and 3330 (Payment Designed to Influence Market Prices, Other than Paid Advertising); and MSRB Rules G-19, G-30 and G-37(b) and (c). 7 NASD Rule 2110 requires that “a member, in the conduct of his business, shall observe high standards of commercial honor and just and equitable principles of trade.” When a member or individual is charged with violating an NASD rule, NASD frequently charges a violation of NASD Rule 2110 as part of NASD's action (in both settled and litigated matters). 8 Thus, the inclusion of NASD Rule 2110 in NASD IM-1011-1, without any limitation, often results in members being ineligible to use the safe harbor if they (or any of their principals) have violated any other NASD rule, which was not the intended effect. Rather, the safe harbor specifically included a finite list of rules, the violation of which would preclude the member from using the safe harbor, and was not intended to capture violations of all NASD rules. 8 *See* Joseph Abbondante, Securities Exchange Act Release No. 53066 (January 6, 2006) at 36 (“It is well settled that a violation of a rule promulgated by the SEC or by NASD also violates NASD Conduct Rule 2110.”). Accordingly, with respect to violations of NASD Rule 2110, NASD proposes amendments to NASD IM-1011-1 that would deem a member ineligible to use the safe harbor only where the finding of a violation of NASD Rule 2110 by the member or a principal of the member raises significant investor protection issues by involving unauthorized trading, churning, conversion, material misrepresentations or omissions to a customer, front-running, trading ahead of research reports or excessive markups. 9 Therefore, a member would not be eligible to rely on the safe harbor for material changes in business operations if the member or any of its principals have been found, within the past five years, to have violated NASD Rule 2110 in the context of one or more of these enumerated activities (or to have violated any of the other rules specified in NASD IM-1011-1). 9 The proposed limits on violations of NASD Rule 2110 mirror the limits on NASD Rule 2110 with respect to the public release of disciplinary complaints. *See* NASD IM-8310-2 (Release of Disciplinary and Other Information Through BrokerCheck) and the related *Notice to Members* 97-42 (July 1997). In addition, NASD proposes to make a technical correction to the rule text with respect to the inclusion of section 15(b)(4)(E) of the Act in the list of rules the violation of which would preclude a member from relying on the safe harbor under NASD IM-1011-1. Section 15(b)(4)(E) of the Act lists the willful violations that will result in the statutory disqualification of a broker or dealer under the Federal securities laws. A member or principal of a member is not able to violate this section *per se.* Accordingly, the proposed rule change clarifies that a member would be ineligible to use the safe harbor in the event that a member or any of its principals has been found to have engaged in one or more violations of the type specified in section 15(b)(4)(E) of the Act in the past five years. NASD will announce the effective date of the proposed rule change in a *Notice to Members* to be published no later than 60 days following Commission approval. The effective date will be 30 days following publication of the *Notice to Members* announcing Commission approval. 2. Statutory Basis NASD believes that the proposed rule change is consistent with the provisions of section 15A of the Act, 10 in general, and with section 15A(b)(6) of the Act, 11 which requires, among other things, that NASD rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. NASD believes that limiting the types of violations of NASD Rule 2110 that constitute “disciplinary history” for purposes of NASD IM-1101-1 will allow additional firms to be able to rely on the safe harbor consistent with the original intent of the IM, while at the same time continuing to ensure investor protection by deeming a member ineligible to use the safe harbor where the violation of NASD Rule 2110 by the member or a principal presents significant investor protection issues. 10 15 U.S.C. 78 *o* -3. 11 15 U.S.C. 78 *o* 3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition NASD 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 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 NASD 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-NASD-2006-070 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-NASD-2006-070. 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 NASD. 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-2006-070 and should be submitted on or before July 26, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). J. Lynn Taylor, Assistant Secretary. [FR Doc. E6-10434 Filed 7-3-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54053; File No. SR-NASD-2003-168] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing of Amendment Nos. 4 and 5 to the Proposed Rule Change Relating to the Release of Information Through NASD BrokerCheck June 27, 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 June 6, 2006 and June 22, 2006, the National Association of Securities Dealers, Inc. (“NASD”) filed with the Securities and Exchange Commission (“Commission”) Amendment Nos. 4 and 5, respectively, to the proposed rule change as described in Items I, II, and III below, which Items have been prepared by NASD. The proposed rule change, incorporating Amendment Nos. 1, 2, and 3, was published for comment in the **Federal Register** on June 30, 2005. 3 The Commission received eight comment letters in response to the Notice. 4 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended by Amendment Nos. 4 and 5, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 * See* Securities Exchange Act Release No. 51915 (June 23, 2005), 70 FR 37880 (“Notice”). 4 * See* letters from Barry Augenbraun, Senior Vice President and Corporate Secretary, Raymond James Financial, Inc., dated July 8, 2005; Joseph D. Fleming, Managing Director and Chief Compliance Officer, Piper Jaffray & Co., dated July 13, 2005; Ronald C. Long, Senior Vice President, Regulatory Policy and Administration, Wachovia Securities, LLC, dated July 18, 2005; Mario Di Trapani, President, Association of Registration Management, dated July 19, 2005 (“ARM Letter”); John S. Simmers, CEO, ING Advisors Network, dated July 19, 2005 (“ING Letter”); Coleman Wortham III, President and CEO, Davenport & Company LLC, dated July 20, 2005; Jill Gross, Director of Advocacy and Rosario M. Patane, Student Intern, Pace Investor Rights Project, dated July 21, 2005; and Ira Hammerman, Senior Vice President and General Counsel, Securities Industry Association, dated July 27, 2005 (“SIA Letter”). NASD submitted a response to comments on June 6, 2006. *See* letter from Richard E. Pullano, Associate Vice President & Chief Counsel, Registration and Disclosure, NASD, to Katherine A. England, Assistant Director, Division of Market Regulation, Commission, dated June 6, 2006 (“NASD Response to Comments”). The NASD Response to Comments is available on the Commission's Web site ( *http://www.sec.gov/rules/sro.shtml* ). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change In response to comments on the Notice, NASD proposes additional amendments to NASD Interpretive Material 8310-2 (“IM-8310-2”) 5 regarding disclosures through NASD BrokerCheck. 6 The discussion section of this notice focuses on the changes made in Amendment Nos. 4 and 5. 7 The text of the proposed rule change, as amended by Amendment Nos. 4 and 5, is available on NASD's Web site ( *http://www.nasd.com* ), at NASD's principal office, and at the Commission's Public Reference Room. 5 NASD also proposes to make non-substantive technical changes to the proposed rule language, including the text of Interpretive Material 8310-3, in Amendment Nos. 4 and 5. In Amendment No. 5, NASD also clarifies that the implementation date for the proposed rule change would be no later than 90 days following Commission approval. 6 In December 2003, NASD announced that its Public Disclosure Program would thereafter be known as “NASD BrokerCheck.” 7 For an explanation of the Notice, *see* Securities Exchange Act Release No. 51915, *supra* note 3. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD included statements concerning the purpose of and basis for the proposed rule change, as amended, and discussed any comments it received on the proposed rule change, as amended. The text of these statements may be examined at the places specified in Item IV below. NASD 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 Rule Filing History On November 21, 2003, NASD filed with the Commission a proposed rule change to amend IM-8310-2 and amended the proposed rule change in Amendment Nos. 1, 2, and 3 on September 28, 2004, March 8, 2005, and April 12, 2005, respectively. The Commission published the Notice in the **Federal Register** on June 30, 2005. 8 The comment period closed on July 21, 2005. Based on comments received in response to the Notice, NASD is filing Amendment No. 4 to amend the rule language of IM-8310-2. 9 8 * Id.* 9 * See also* Amendment No. 5, *supra* note 5. Proposal The sole substantive change to the proposed rule language of IM-8310-2 in Amendment No. 4 concerns the conditions under which NASD proposes to release Historic Complaints through BrokerCheck. 10 As provided in Amendment No. 2, NASD proposes to release Historic Complaints only if the most recent Historic Complaint or currently reported customer complaint, arbitration, or litigation is less than ten
(10)years old and the person has a total of three
(3)or more currently disclosable regulatory actions, currently reported customer complaints, arbitrations, or litigations, or Historic Complaints, or any combination thereof. 10 For purposes of IM-8310-2, Historic Complaints are defined as customer complaints that are more than two years old and have not been settled or adjudicated, or customer complaints, arbitrations, or litigations that have been settled for an amount less than $10,000, and which are no longer reported on a registration form. NASD currently calculates the two-year period for disclosure of a customer complaint as of the date the customer complaint was first reported on Form U4 or Form U5. Under the proposed rule change, and consistent with the current interpretation of Form U4 and Form U5, NASD will consider this two-year period to begin on the date on which the member received the complaint, both for purposes of reportability on Form U4 and Form U5 and for purposes of disclosure pursuant to IM-8310-2. Accordingly, under the proposed rule change, a customer complaint that has not been settled or adjudicated within the two-year period beginning on the date on which the member received the complaint would cease to be reported on Forms U4 and U5 and would also become a Historic Complaint. In Amendment No. 4, based on concerns from certain commenters, 11 NASD proposes to change the way in which it determines whether an individual's Historic Complaints become eligible for disclosure through BrokerCheck. In response to the Notice, commenters contended that firms and registered persons made certain decisions with respect to customer complaints, arbitrations, or litigations based on the rules under which the Central Registration Depository and BrokerCheck currently operate (for example, electing to enter into a settlement for what they considered to be a nuisance value to maintain good client relationships or avoid expensive litigation). 11 * See, e.g.,* ARM Letter, ING Letter and SIA Letter, *supra* note 4. Accordingly, NASD proposes to amend the proposed rule language to provide that Historic Complaints will be eligible for disclosure only if the matter becomes a Historic Complaint on or after the implementation date of this proposed rule change, *i.e.,* was archived on or after the implementation date of this proposed rule change. NASD believes that it is in the public interest for those items that are available for disclosure through BrokerCheck on or after the implementation date of the proposed rule change to be eligible for disclosure as Historic Complaints. The proposed modification to this rule would continue to provide that NASD will disclose through BrokerCheck all of an individual's Historic Complaints if:
(1)The most recent Historic Complaint or currently reported customer complaint, arbitration, or litigation is less than ten
(10)years old, and
(2)the person has a total of three
(3)or more currently disclosable regulatory actions, currently reported customer complaints, arbitrations, or litigations, or Historic Complaints (subject to the limitation that they became a Historic Complaint on or after the implementation date of the proposed rule change), or any combination thereof. NASD will announce the effective date of the proposed rule change in a *Notice to Members* to be published no later than 60 days following Commission approval. The effective date will be 30 days following publication of the *Notice to Members* announcing Commission approval. 12 12 *See also* note 5, *supra,* clarifying that the implementation date for the proposed rule change would be no later than 90 days following Commission approval. 2. Statutory Basis NASD believes that the proposed rule change, as amended, is consistent with the provisions of section 15A(b)(6) of the Act, 13 which requires, among other things, that NASD rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest, and section 15A(i), 14 which requires that NASD establish and maintain a toll-free telephone listing to receive inquiries regarding disciplinary actions involving its members and their associated persons and promptly respond to such inquiries in writing. NASD states that the proposed rule change, as amended, is designed to accomplish these ends by broadening the types of information released to the investing public through NASD BrokerCheck. At the same time, the proposed rule change, as amended, establishes a principled basis for disclosure that meets NASD's investor protection objectives, while fairly addressing the proprietary interests of firms and the privacy interests of their associated persons. 13 15 U.S.C. 78 *o* -3(b)(6). 14 15 U.S.C. 78 *o* -3(i). B. Self-Regulatory Organization's Statement on Burden on Competition NASD does not believe that the proposed rule change, as amended, 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 NASD has submitted as a separate document its response to comments received by the Commission in response to the publication of the Notice on June 30, 2005. 15 15 *See* Notice and NASD Response to Comments, *supra* notes 3 and 4. 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 NASD consents, the Commission will:
(A)By order approve such proposed rule change, as amended, or
(B)Institute proceedings to determine whether the proposed rule change, as amended, should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the filing, as amended by Amendment Nos. 4 and 5, including whether the filing 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-2003-168 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-2003-168. 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 NASD. 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-2003-168 and should be submitted on or before July 20, 2006. 16 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 16 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6-10436 Filed 7-3-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54055; File No. SR-NYSE-2006-32] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change Relating to the NYSE Retail Trading Product and the NYSE Program Trading Product June 28, 2006. I. Introduction On May 9, 2006, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change relating to the NYSE Retail Trading Product and the NYSE Program Trading Product (collectively, the “NYSE Trading Information Products”). 3 The proposed rule change was published for comment in the **Federal Register** on May 24, 2006. 4 The Commission received no comments regarding the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 A proposal to introduce the NYSE Trading Information Products without charge as a 60-day pilot program was effective upon filing with the Commission. *See* Securities Exchange Act Release No. 53835 (May 18, 2006), 71 FR 30456 (May 26, 2006). 4 *See* Securities Exchange Act Release No. 53834 (May 18, 2006), 71 FR 30011. II. Description of the Proposal The NYSE Retail Trading Product consists of:
(A)A real-time data feed of certain execution report information that has been recorded as trades for the accounts of “individual investors;” 5 and
(B)an end-of-day summary of the retail trading activity on the Exchange for that day, including total buy and sell retail share volume for each stock traded. The NYSE Program Trading Product consists of:
(A)A real-time data feed of certain execution report information that has been recorded as program trades; 6 and
(B)an end-of-day summary of program trading activity on the Exchange for that day, including total index arbitrage program trading volume. Each published report of a trade execution that is included in the data feed for either product will indicate such information as the security's symbol, the size of the trade, the time of the trade's execution, and other related information. 5 For purposes of the NYSE Retail Trading Product, the account of an “individual investor” means an account covered by section 11(a)(1)(E) of the Act. 15 U.S.C. 78k(a)(1)(E). 6 For purposes of the NYSE Program Trading Product, “program trading” refers to program trading as defined in NYSE Rule 80A, Supplementary Material .40(b). The NYSE proposes to establish fees for these data products. Specifically, NYSE proposes to charge a $1,500 monthly access fee for receipt of the NYSE Retail Trading Product data feed (for receipt of the real-time data feed, the end-of-day summaries, or both); a $1,500 monthly access fee for receipt of the NYSE Program Trading Product data feed (for receipt of the real-time data feed, the end-of-day summaries, or both); a $2.00 monthly display fee for each display device receiving the NYSE Retail Trading Product information and/or the NYSE Program Trading Product information that the vendor makes available from the real-time data feed; and a $250 monthly fee for vendors that only provide end of day summaries of NYSE Trading Information Products. In addition, the NYSE proposes to provide each vendor of the NYSE Trading Information Products with a monthly credit of $2 for each device that the vendor has entitled to receive displays of the NYSE Trading Information Products, up to a maximum of either $3,000 per month if the vendor pays the monthly access fees for both the NYSE Retail Trading Product data feed and the NYSE Program Trading Product data feed (which total monthly access fees total $3,000); or $1,500 per month if the vendor pays the monthly access fees for either the NYSE Retail Trading Product data feed or the NYSE Program Trading Product data feed, but not both (either of which monthly access fees equals $1,500). Finally, NYSE proposes to require vendors receiving the NYSE Trading Information Products, to provide subscribers, by link or otherwise, in a manner that is reasonably transparent and accessible to subscribers, a description of the NYSE Retail Trading Product and the NYSE Program Trading Product. The NYSE will require vendors to update their Exhibit A to their contract with NYSE for receipt and redistribution of NYSE Trading Information Products to describe how they will make this description available. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 7 Specifically, the Commission finds that the proposal is consistent with section 6(b)(4) of the Act, 8 which requires that the rules of an exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. In this regard, the Commission notes that the NYSE has represented that, in arriving at the fees for the NYSE Trading Information Products, the NYSE considered the cost of collecting, processing, and making the products available, and assessed the value of the products relative to other data products that the NYSE makes available, including NYSE OpenBook. 9 Further, the Commission notes that its fees will be uniformly charged to all persons who wish to receive the data. 7 In approving this proposed rule change the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b)(4). 9 The Commission recently approved the fees for the real-time OpenBook service. *See* Securities Exchange Act Release No. 53585 (March 31, 2006), 71 FR 17934 (April 7, 2006) (order approving File Nos. SR-NYSE-2004-43 and SR-NYSE-2005-32). In addition, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act, 10 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, 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. Specifically, the Commission finds that NYSE's proposal to require vendors to provide subscribers with a description of the NYSE Trading Information Products is designed to explain and describe the NYSE Trading Information Products so that users will be better able to understand and use the data. 10 15 U.S.C. 78f(b)(5). IV. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 11 that the proposed rule change (SR-NYSE-2006-32) is approved. 11 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-10414 Filed 7-3-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54050; File No. SR-Phlx-2006-37] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Extension of a Pilot Program Concerning Split Price Priority in Open Outcry June 27, 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 June 8, 2006, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposed rule change pursuant to section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) 4 thereunder, which renders the proposed rule change 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 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to extend, for a one-year period, a pilot program (the “pilot”) set forth in Phlx Rule 1014(g)(i)(C) relating to priority on split-price transactions in open outcry. Under the pilot, a member with an order for at least 100 contracts 5 who buys (sells) at least 50 contracts at a particular price has priority over all others in purchasing (selling) up to an equivalent number of contracts of the same order at the next lower (higher) price without being required to yield priority, including to existing customer interest in the limit order book. The pilot also establishes priority for in-crowd participants in split price transactions represented in open outcry over the quotations of participants that are not located in the crowd ( *i.e.* , out-of-crowd Streaming Quote Traders (“SQTs”) 6 and Remote Streaming Quote Traders (“RSQTs”) 7 ) even where the market has a bid/ask differential of one minimum trading increment. 8 The current pilot is scheduled to expire June 30, 2006. The extended pilot would expire June 30, 2007. The text of the proposed rule change is available on the Phlx Web site ( *http://www.phlx.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. 9 5 Orders for a size of less than 100 contracts are not affected by the current pilot and would not be affected by this proposed rule change. 6 An SQT is an Exchange Registered Options Trader (“ROT”) who has received permission from the Exchange to generate and submit option quotations electronically through AUTOM in eligible options to which such SQT is assigned. (AUTOM is Phlx's Automated Options Market.) An SQT may submit such quotations only while such SQT is physically present on the floor of the Exchange. *See* Phlx Rule 1014(b)(ii)(A). 7 An RSQT is an ROT that is a member or member organization with no physical trading floor presence who has received permission from the Exchange to generate and submit option quotations electronically through AUTOM in eligible options to which such RSQT has been assigned. An RSQT may submit such quotations electronically only from off the floor of the Exchange. * See* Phlx Rule 1014(b)(ii)(B). 8 Generally, all options on stocks, indexes, and Exchange Traded Funds quoting in decimals at $3.00 or higher have a minimum increment of $.10, and those quoting in decimals under $3.00 have a minimum increment of $.05. *See* Phlx Rule 1034(a). 9 The proposed rule change amends the current text of Phlx Rule 1014(g)(i)(C) by changing the expiration date from June 30, 2006 to June 30, 2007. 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 Phlx 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 Phlx 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 the proposed rule change is to extend the pilot concerning priority in split-price transactions, which by virtue of their size and the need to execute them at multiple prices, may be difficult to execute without a limited exception to current Exchange priority rules, as described below. The pilot is scheduled to expire June 30, 2006. The pilot was originally adopted in June 2005, 10 and subsequently extended in December 2005. 11 In May 2006, the pilot was expanded to include priority for in-crowd participants in both trades of the split price transaction where there is a minimum trading increment market, but only over RSQTs and out-of-crowd SQTs in such circumstance. 12 10 *See* Securities Exchange Act Release No. 51820 (June 10, 2005), 70 FR 35759 (June 21, 2005) (SR-Phlx-2005-28). 11 *See* Securities Exchange Act Release No. 53021 (December 23, 2005), 70 FR 77435 (December 30, 2005) (SR-Phlx-2005-86). 12 *See* Securities Exchange Act Release No. 53874 (May 25, 2006), 71 FR 32171 (June 2, 2006) (SR-Phlx-2006-18). The current pilot, applicable to equity options (including options overlying Exchange Traded Fund Shares (“ETFs”)), permits a member with an order for at least 100 contracts 13 who buys (sells) at least 50 contracts at a particular price to have priority over all others in purchasing (selling) up to an equivalent number of contracts of the same order at the next lower (higher) price without being required to yield priority, including to existing customer interest in the limit order book. Absent this rule, such orders would be required to yield priority. 14 13 Orders for a size of less than 100 contracts are not affected by the current pilot and would not be affected by this proposed rule change. 14 *See* , *e.g.* , Phlx Rule 119(a). For example, where the market is $.25—$.35, a Floor Broker representing an order to purchase 100 contracts that executes a purchase of 50 of those contracts at a price of $.30 has priority over all market participants to purchase the remaining 50 contracts in the order at $.25. Two trades would be reported to the tape, one a purchase of 50 contracts at $.30, and the other a purchase of 50 contracts at $.25. The effect to that Floor Broker's customer would be a net purchase price of $.275 for 100 contracts. The pilot, as recently modified, 15 also affords priority to members physically located in the crowd where the market has a bid/ask differential of one minimum trading increment and the bid and/or ask represent quotations of members located outside of the crowd ( *i.e.* , out-of-crowd SQTs and RSQTs). 16 The Exchange believes that this provision should enable it to continue to compete for order flow in situations where Floor Brokers seek split price executions in open outcry when the market consists of RSQT quotations and/or SQT quotations where the SQT is located out of that trading crowd with a bid/ask differential of one minimum trading increment. 15 *See supra* , note 12. 16 Clarified in telephone conference on June 21, 2006, among Richard Rudolph, Vice President and Counsel, Phlx; and Ira Brandriss, Special Counsel, and Mitra Mehr, Special Counsel, Division of Market Regulation, Commission. For example, assume a Floor Broker represents an order to purchase 100 contracts in a series where the market is $.25—$.30, and both the bid and offer represent quotations submitted by out-of-crowd SQTs 17 or RSQTs. Under the pilot, the Floor Broker and contra-side participant in the trading crowd are afforded priority over the out-of-crowd SQT or RSQT at both $.25 and $.30, even though the bid/ask differential is one minimum trading increment ($.05). This would enable the Floor Broker to execute a split-price order at a net price ($.275) that improves the market. According to Phlx, the effect (and ultimate benefit) to that Floor Broker's customer would be a net purchase price of $.275 for 100 contracts. This provision applies only with respect to quotations submitted by out-of-crowd SQTs and RSQTs, and thus does not operate to afford priority over, for example, customer or broker-dealer orders or in-crowd SQT quotes. 17 The specialist and/or SQTs participating in a trading crowd may, in response to a verbal request for a market by a Floor Broker, state a bid or offer that is different than their electronically submitted bid or offer, provided that such stated bid or offer is not inferior to such electronically submitted bid or offer. *See* Phlx Rule 1014, Commentary .05(c). The Exchange believes that, in situations where the market has a bid/ask differential of one minimum trading increment, it is potentially difficult for the Floor Broker to achieve price improvement for the Floor Broker's customer on the Phlx. Instead, the order might trade at another exchange that has no impediments, *i.e.* , rules that afford priority to in-crowd participants over out-of-crowd participants generally, regardless of split price priority. 18 The pilot therefore was modified to include this provision. 19 18 The Phlx cites to Chicago Board Options Exchange, Incorporated (“CBOE”) Rule 6.45A, which provides that only in-crowd market participants are eligible to participate in open outcry trade allocations. *See* Securities Exchange Act Release No. 51366 (March 14, 2005), 70 FR 13217 (March 18, 2005) (SR-CBOE-2004-75). The Phlx notes that CBOE Rule 6.45A affords priority over out-of-crowd participants even where there is no split price priority situation. CBOE Rule 6.47 contains CBOE's split price provision, which is similar to current Phlx Rule 1014(g)(i)(C). 19 *See supra* , note 12. 2. Statutory Basis The Exchange believes that its proposal is consistent with section 6(b) of the Act 20 in general, and furthers the objectives of section 6(b)(5) of the Act 21 in particular, in that it is designed to promote just and equitable principles of trade, 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, enabling Floor Brokers representing split price orders in open outcry to provide split-price executions at improved prices on behalf of customers by establishing a limited priority rule regarding split-price transactions. 20 15 U.S.C. 78f(b). 21 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 No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)Impose any significant burden on competition; and
(iii)Become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to section 19(b)(3)(A) of the Act, 22 and Rule 19b-4(f)(6) thereunder. 23 At any time within 60 days of the filing of the proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 22 15 U.S.C. 78s(b)(3)(A). 23 17 CFR 240.19b-4(f)(6). A proposed rule change filed under Rule 19b-4(f)(6) 24 normally does not become operative prior to 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii), 25 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day pre-operative delay. The Commission believes that such waiver is consistent with the protection of investors and the public interest because it would allow the Phlx to extend its pilot without interruption. 26 For this reason, the Commission designates the proposed rule change to be effective upon filing with the Commission. 27 24 17 CFR 240.19b-4(f)(6). 25 17 CFR 240.19b-4(f)(6)(iii). 26 At the Exchange's request, the Commission has waived the five-day pre-notice filing requirement for “non-controversial” proposals. *See* 17 CFR 240.19b-4(f)(6)(iii). 27 For purposes only of accelerating the operative date of this proposal, the Commission has considered the rule's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 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-Phlx-2006-37 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2006-37. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2006-37 and should be submitted on or before July 26, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 28 28 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-10416 Filed 7-3-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 5.125 (5 1/8 ) percent for the July-September quarter of FY 2006. James E. Rivera, Associate Administrator for Financial Assistance. [FR Doc. E6-10421 Filed 7-3-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5461] 30-Day Notice of Proposed Information Collection: DS-3013, Application Under the Hague Convention on the Civil Aspects of International Child Abduction, OMB Number 1405-0076 ACTION: Notice of request for public comment and submission to OMB of proposed collection of information. SUMMARY: The Department of State has submitted the following information collection request to the Office of Management and Budget
(OMB)for approval in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Application Under the Hague Convention on the Civil Aspects of International Child Abduction. • *OMB Control No:* 1405-0076. • *Type of Request:* Revision of a Currently Approved Collection. • *Originating Office:* Bureau of Consular Affairs. CA/OCS/CI. • *Form Number:* DS-3013. • *Respondents:* Individuals. • *Estimated Number of Respondents:* 500 per year. • *Estimated Number of Responses:* 500 per year. • *Average Hours Per Response:* 1 hour. • *Total Estimated Burden:* 500 hours. • *Frequency:* On occasion. • *Obligation to Respond:* Required to Obtain or Retain a Benefit. DATES: Submit comments to the Office of Management and Budget
(OMB)for up to 30 days from July 5, 2006. ADDRESSES: Direct comments and questions to Katherine Astrich, the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB), who may be reached at 202-395-4718. You may submit comments by any of the following methods: • *E-mail: kastrich@omb.eop.gov.* You must include the DS form number, information collection title, and OMB control number in the subject line of your message. • Mail (paper, disk, or CD-ROM submissions): Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503. • Fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed information collection and supporting documents from Mary Sue Conaway, CA/OCS/CI, U.S. Department of State, Washington, DC 20520-4818, who may be reached on 202-736-9131 or via e-mail at *ConawayMS@state.gov.* SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary to properly perform our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond. Abstract of Proposed Collection The Application Under the Hague Convention on the Civil Aspects of International Child Abduction (DS-3013) is used by parents or legal guardians who are asking the State Department's assistance in seeking the return of, or access to, a child/or children alleged to be wrongfully removed from or retained outside of the child's habitual residence and currently located in another country that is also party to the Hague Convention on the Civil Aspects of International Child Abduction (Contracting State). The application requests information regarding the identities of the applicant, the child or children, and the person alleged to have wrongfully removed or retained the child or children. In addition, the application requires that the applicant provide the circumstances of the alleged wrongful removal or retention and the legal justification for the request for return or access. The State Department, as the U.S. Central Authority, uses this information to establish, if possible, the applicants' claims under the Convention; to advise applicants about available remedies under the Convention; and to provide the information necessary to the foreign Central Authority in its efforts to locate the child or children, and to facilitate return of or access to the child or children pursuant to the Convention. Methodology The CA/OCS/CI contact collects the necessary information via mail, fax, or electronic submission. Dated: June 20, 2006. Catherine Barry, Deputy Assistant Secretary, Consular Affairs, Overseas Citizens Services, Department of State. [FR Doc. E6-10442 Filed 7-3-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF STATE [Public Notice 5460] Culturally Significant Objects Imported for Exhibition Determinations: “The Arts in Latin America, 1492-1820” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “The Arts in Latin America, 1492-1820,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Philadelphia Museum of Art, Philadelphia, Pennsylvania, from on or about September 17, 2006, until on or about December 31, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Richard Lahne, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8058). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: June 19, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6-10446 Filed 7-3-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Delegation of Authority 293] Delegation of Authority by the Secretary of State to Officers of the Department of State and the Administrator of the U.S. Agency for International Development of Authorities Under the Foreign Assistance Act of 1961 and Other Related Acts By virtue of the authority vested in me as Secretary of State by the laws of the United States, including the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2151 et seq.) (the Act), Executive Order 12163 of September 29, 1979, as amended (44 FR 56673) (the Order), the Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601), and section 1 of the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), I hereby delegate the following functions to the extent authorized by law: Section 1. Functions Delegated to the Director of Foreign Assistance Exclusive of the functions otherwise reserved to the Secretary of State herein, there are hereby delegated to the Director of Foreign Assistance:
(a)The functions conferred upon the Secretary of State by sections 101(b), 531(b) and 622(c) of the Act, section 2(b) of the Arms Export Control Act, and section 1523 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6593), including the authority to provide for continuous supervision and general direction of development and other economic assistance, military assistance, military education and training, and foreign military financing, designing a U.S. foreign assistance strategy and budgetary approach, determining whether there shall be a program for a country and the amount thereof, and approving the programming of foreign assistance.
(b)The functions conferred upon the Secretary by section 1-100 of the Order and section 1 of Executive Order 11077 of January 22, 1963 (28 FR 629) insofar as such functions are necessary to approve assistance and programs under chapters 3 and 8 of Part I of the Act, Part II of the Act (including chapters 4, 6 and 8 thereof), and the Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601) as part of a coordinated U.S. foreign assistance strategy. Section 2. Functions Delegated to Other Officers of the Department of State Exclusive of the functions reserved to the Secretary or delegated by section 1, the following functions are delegated to officers of the Department of State as indicated:
(a)To the Under Secretary for Arms Control and International Security:
(1)The functions conferred on the Secretary by Executive Order 11958 of January 18, 1977 (42 FR 4311) relating to sales and exports under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(2)The functions conferred upon the Secretary of State by statute or by section 2(b) of the Arms Export Control Act relating to continuous supervision and general direction of military sales and exports, including, but not limited to, whether there shall be a military sale or export for a country and the value thereof, to the end that such sales and exports are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.
(3)The functions conferred on the Secretary of State by section 374 of Title 10, United States Code and other authorities and responsibilities of the Secretary of State related to the provision of Department of Defense equipment and services for narcotics-related purposes.
(4)The functions conferred upon the Secretary of State by—
(A)Sections 39 and 42(b) of the Arms Export Control Act (22 U.S.C. 2751);
(B)Section 504 of the Foreign Relations Authorization Act, fiscal year 1979 (22 U.S.C. 2656d);
(C)Section 1454(d)(1) of the Department of Defense Authorization Act, Fiscal Year 1986 (Pub. L. 99-145, 10 U.S.C. 2547(d)(1)), and (to the extent not otherwise expressly delegated or reserved) other authorities and responsibilities of the Secretary of State relating to the provision of Department of Defense equipment or services for humanitarian purposes;
(D)Section 1324(a) of Title XII of the Defense Authorization Act, Fiscal Year 1996 (Pub. L. 104-106); and
(E)Section 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1997, as enacted in Public Law 104-208.
(5)The functions conferred on the President by—
(A)Section 8(d) of the act of January 12, 1971 to amend the Foreign Military Sales Act (22 U.S.C. 2321b(d));
(B)Section 607 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2394a); and
(C)Section 1540(b)(1)(A) of the Department of Defense Authorization Act, Fiscal Year 1985 (Pub. L. 98-525), to be exercised in consultation with the Secretary of Defense.
(6)The function of consultation, pursuant to the Order and Executive Order 11958 of January 18, 1977 (42 FR 4311), with the Secretary of Defense, the Director of the Office of Management and Budget, and the Administrator of the United States Agency for International Development (USAID).
(7)To the extent that such functions were delegated to the Secretary of State pursuant to Executive Order 12851 of June 11, 1993 (58 FR 33181), the functions conferred on the Secretary of State by sections 1701-1703 of the National Defense Authorization Act for Fiscal Year 1991
(NDAA)(Pub. L. 101-510; 50 U.S.C. App. 2402 note, 2405, 2410(b); 22 U.S.C. 2797-2797c), and all functions conferred on the President by sections 1701-1703 of the NDAA; sections 303, 324, and 401-405 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Pub. L. 102-138); sections 305, 306, 308, and all of section 307 with the exception of subsection 307(b)(2)(F)(ii), of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (Pub. L. 102-182; 50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606); sections 241 and 1097 of the National Defense Authorization Act of 1992 and 1993 (Pub. L. 102-190); and section 1364 of the National Defense Authorization Act for Fiscal Year 1993 (Pub. L. 102-484).
(8)The functions specified in sections 504 and 508(b) of the FREEDOM Support Act (22 U.S.C. 5801 et seq.).
(9)The function specified in section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), relating to the implementation of United Nations arms embargoes, to the extent that such functions were delegated to the Secretary of State pursuant to Executive Order 12918 of May 26, 1994 (59 FR 28205).
(10)The functions specified in the Iran-Iraq Arms Non-Proliferation Act of 1992 (Pub. L. 102-484), to the extent that such functions were delegated to the Secretary of State pursuant to the Presidential Memorandum Delegation of Authority dated September 27, 1994.
(11)The functions conferred on the Secretary of State in Executive Order 12938 of November 14, 1994 (59 FR 59099).
(12)The functions conferred on the Secretary by the Chemical Weapons Convention Implementation Act of 1998 (as contained in Pub. L. 105-277).
(13)The functions that were vested in the United States Arms Control and Disarmament Agency before the effective date described in section 1201 of the Foreign Affairs Reform and Restructuring Act of 1998 (as contained in Pub. L. 105-277), including any functions conferred on the Director or any officer or employee of that agency, and that are now conferred on the Secretary pursuant to the provisions of the Act (including amendments made by that Act).
(b)To the Under Secretary for Management:
(1)The function of consultation with the Administrator of USAID under the Order with respect to maximum compatibility in the administration of the Foreign Service personnel system; and
(2)The function conferred on the Secretary of State by section 514 of the Mutual Security Act of 1954 (22 U.S.C. 1766).
(c)To the Under Secretary for Economic, Business and Agricultural Affairs: The functions conferred upon the Secretary of State by section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Pub. L. 104-107).
(d)To the Assistant Secretary for Economic and Business Affairs:
(1)The functions conferred upon the Secretary of State by sections 5(k) and 6(k) of the Export Administration Act of 1979 (50 U.S.C. App. 2404(k), 2405(k)) and the functions under sections 5(f)(4), 5(i), and 6(g) of such Act conferred upon the Secretary of State by section 1-102(b) of Executive Order 12214 of May 2, 1980 (45 FR 29783), relating to negotiations with other countries, subject to the concurrences required by the Department of State Circular 175 Procedure;
(2)Those functions conferred upon the President by section 601(b)(6) of the Act; and
(3)The function conferred upon the Secretary of State by section 3(b) of Executive Order 10900 of January 5, 1961 (26 FR 143) of ensuring that all functions exercised under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) are consistent with the foreign policy of the United States.
(e)To the Assistant Secretaries:
(1)Principal responsibility consistent with section 1-604 of the Order for concurrence of the Department of State, with the approval of the Legal Adviser and in accordance with the Circular 175 Procedure, in the negotiation, conclusion, and termination of international agreements relevant to their respective areas of responsibility by USAID pursuant to international agreement authorities conferred upon by USAID by statute, Executive Order, delegation of authority, or otherwise;
(2)The functions which may be necessary and appropriate to implement the programs and activities for which they are responsible.
(f)To the Legal Adviser:
(1)The functions conferred upon the President by sections 601(b)(3), 601(b)(4), and 620(e)(2) of the Act.
(2)Responsibility for ensuring compliance with the Case Act (1 U.S.C. 112b) and applicable regulations and procedures, including the Circular 175 Procedure, with respect to international agreements.
(g)To the Assistant Secretary for International Narcotics and Law Enforcement Affairs:
(1)The functions of negotiating, concluding, and terminating international agreements relating to international narcotics control and anticrime programs subject to the concurrences required by the Circular 175 Procedure; and
(2)The functions conferred upon the President by section 487 of the Act, together with all those authorities contained in the Act to the extent necessary or appropriate to accomplish the purpose of the Act.
(h)To the Assistant Secretary for International Organization Affairs: The functions conferred upon the President by chapter 3 of part 1 of the Act. The functions under sections 301(d) and
(e)shall be exercised in consultation with the Administrator of USAID insofar as they relate to international organizations and programs whose purpose is primarily developmental.
(i)To the Coordinator for Counterterrorism: The functions conferred upon the President by chapter 8 of part II of the Act.
(j)To the Assistant Secretaries for International Organization Affairs, International Narcotics and Law Enforcement Affairs, the Coordinator for Counterterrorism, and the Assistant Secretary for Western Hemisphere Affairs with regard to the functions delegated to them herein: The functions conferred upon the President by section 4 of Executive Order 11223 of May 12, 1965 (30 FR 6635).
(k)To the Coordinator for East European Assistance and the Special Advisor to the President and the Secretary of State on Assistance to the New Independent States:
(1)The functions conferred upon the President by section 577 of the Foreign Operations Act, Fiscal Year 1999 (as included in Pub. L. 105-277) and section 201 of the Support for East European Democracy
(SEED)Act of 1989, insofar as such functions relate to programs within their respective areas of responsibility; and
(2)The functions that may be necessary and appropriate to implement programs and activities for which they are responsible.
(l)To the Global AIDS Coordinator:
(1)The functions conferred upon the President by sections 202(c), 305, and 313 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Pub. L. 108-25), and by section 104A(e) of the Act of 1961, to provide the specified reports to the Congress;
(2)The functions conferred upon the President by section 101 of Public Law 108-25 to establish a comprehensive, integrated, 5-year strategy to combat global HIV/AIDS and to submit to the appropriate congressional committees a report setting forth the strategy; and
(3)The functions conferred upon the Secretary by section 525 of Public Law 108-447 regarding the certification of specified benchmarks for the Global Fund to Fight AIDS, Tuberculosis and Malaria (the Global Fund). Section 3. Functions Delegated to the Administrator of the United States Agency for International Development
(a)Exclusive of the functions otherwise delegated by or reserved to the Secretary of State herein, there are hereby delegated to the Administrator of the United States Agency for International Development (the Administrator):
(1)The functions conferred upon the President by part I of the Act (including chapter 4 of part II thereof);
(2)The functions conferred upon the President by section 653 of the Act insofar as such functions relate to chapters 1, 10, and 11 of part I of the Act and funds appropriated under the heading “Assistance for Eastern Europe and the Baltic States”; (3)(A) the functions conferred upon the President by—
(i)Sections 301(a) and 307 of the FREEDOM Support Act (22 U.S.C. 5801), except insofar as provided otherwise in section 2(b) of Executive Order 12884 of December 1, 1993 (58 FR 64099);
(ii)Sections 498 and 498C(b)(2) of the Act;
(iii)Paragraph
(3)of section 498A(c) of the Act and the requirement to make reports under that section regarding determinations under that paragraph;
(iv)Subsection
(d)under the heading “Assistance for the New Independent States of the Former Soviet Union” contained in title II of Public Law 102-391; and
(v)Section 592 of Public Law 102-391, except to the extent otherwise provided in section 5(b) of Executive Order 12884.
(B)Such functions shall be exercised subject to the authority of the Coordinator under section 102(a) of the FREEDOM Support Act or otherwise;
(4)The function conferred upon the President by the third proviso under the heading “Development Assistance” contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277), insofar as such functions relate to part I (including chapter 4 of part II) of the Act, excluding section 129 thereof relating to technical assistance to foreign governments and chapter 3 thereof;
(5)The functions conferred upon the President by section 518 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277), insofar as such functions relate to part I (including chapter 4 of part II) of the Act, excluding section 129 thereof relating to technical assistance to foreign governments and chapter 3 thereof;
(6)The functions conferred upon the President by section 577 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277), insofar as such functions relate to chapters 1 and 10 of part I, and chapter 4 of part II, of the Act;
(7)The functions conferred upon the President by section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1998 (as contained in Pub. L. 105-118), and the provisions of the law referenced therein;
(8)The functions conferred upon the President by section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1989 (as contained in Pub. L. 100-461), which shall be exercised in consultation with the Secretary of State and the Director of the Office of Management and Budget;
(9)Those functions conferred upon the Secretary of State by sections 4 and 7 of Executive Order 11269 of February 14, 1966 (31 FR 2813), relating to the National Advisory Council on International Monetary and Financial Policies; and
(10)The functions of negotiating, concluding, and terminating international agreements under part I of the Act (including chapter 4 of part II thereof), with respect to programs administered by USAID.
(b)The delegated functions under sections 491(b) and 491(c) of the Act shall be exercised in consultation with the Director of Foreign Assistance.
(c)The delegated functions under sections 627, 628, 630(3), and 666 of the Act shall be exercised in consultation with the Under Secretary for Management.
(d)The delegated functions under section 534 of the Act (with the exception of those contained in subsection (b)(3)) shall be exercised in cooperation with the appropriate Assistant Secretaries of State. Section 4. Functions Delegated to Other Agencies To the heads of other agencies implementing functions under the Act, those functions contained in the Act that may be necessary or appropriate to carry out such functions. Section 5. Functions Reserved to the Secretary of State There are hereby reserved to the Secretary of State:
(a)The functions conferred upon the President by sections 239(f), 451, 462, 502B, 505(b), 533(b), 614(b), 620(c), 620(e)(1), 620(f), 620(g), 620(q), and 620C(c) of the Act.
(b)In keeping with USAID's status as a distinct agency and recognizing that the Administrator is under the Secretary's direct authority and foreign policy guidance, the Secretary shall review USAID's strategic plan and annual performance plan, annual budget submission and appeals, allocations and significant (in terms of policy or money) reprogrammings of development and other economic assistance. Section 6. Allocation of Funds There are hereby allocated to the Administrator those funds allocated to the Secretary of State by section 1-800(a) of the Order that are appropriated for the purposes of part I of the Act, except for chapters 3 and 8, and chapter 4 of part II. There are allocated to the Director of Foreign Assistance those funds allocated to the Secretary of State by section 1-800(a) of the Order that are appropriated for purposes of chapters 3 and 8 of part I of the Act and all of part II of the Act, except for chapter 4. Section 7. General Provisions
(a)Department of State Delegation of Authority No. 145 of February 4, 1980, as amended, is revoked.
(b)As used in this delegation of authority, the word “function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion or activity.
(c)Any reference in this delegation of authority to any act, order, determination, delegation of authority, regulation, or procedure shall be deemed to be a reference to such act, order, determination, delegation of authority, regulation or procedure as amended from time to time.
(d)Any officer to whom functions are delegated by this delegation of authority may, to the extent consistent with law:
(1)Redelegate such functions and authorize their successive redelegation,
(2)Promulgate such rules and regulations as may be necessary to carry out such functions, and
(3)Exercise the functions that may be necessary or appropriate to carry out the programs and activities for which authority is delegated to them under this Delegation.
(e)Any officer performing functions under the Act may perform the functions conferred upon the President by section 634B of the Act insofar as they relate to the performance of those functions.
(f)Except to the extent inconsistent with this delegation of authority, all delegations of authority, determinations, authorizations, regulations, rulings, certificates, orders, contracts, agreements, and other actions made, issued or entered into with respect to any function affected by this delegation of authority and not revoked, superseded, or otherwise made inapplicable before the effective date of this delegation of authority, shall continue in full force and effect until modified, amended or terminated by appropriate authority; and
(g)Nothing in this delegation shall be interpreted in a manner inconsistent with the Chief Financial Officers Act.
(h)Any reference in this delegation of authority to any act, order, determination, delegation of authority, regulation, or procedure shall be deemed to apply to any provision of law that is the same or substantially the same as such act, order, determination, delegation of authority, regulation, or procedure.
(i)Notwithstanding any provision of this delegation of authority, the Secretary of State or the Deputy Secretary of State may at any time exercise any function delegated or reserved by this delegation of authority. Dated: June 2, 2006. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E6-10451 Filed 7-3-06; 8:45 am] BILLING CODE 4710-08-P DEPARTMENT OF TRANSPORTATION Office of the Secretary In the Matter of the Trade Name Issued to Hyannis Air Service, Inc. d/b/a Cape Air d/b/a Nantucket Airlines AGENCY: Department of Transportation. ACTION: Notice of Order to Show Cause (Order 2006-6-36), Docket OST-2006-25256. SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order revoking the registration of the trade name “Nantucket Shuttle” issued to Hyannis Air Service, Inc. d/b/a Cape Air d/b/a Nantucket Airlines. DATES: Persons wishing to file objections should do so no later than July 12, 2006. ADDRESSES: Objections and answers to objections should be filed in Docket OST-2006-25256 and addressed to U.S. Department of Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: William M. Bertram, Chief, Air Carrier Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590,
(202)366-9721. Dated: June 28, 2006. Michael W. Reynolds, Acting Assistant Secretary for Aviation and International Affairs. [FR Doc. E6-10460 Filed 7-3-06; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Availability of Draft Advisory Circulars, Other Policy Documents and Proposed Technical Standard Orders AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: This is a recurring Notice of Availability, and request for comments, on the draft advisory circulars (ACs), other policy documents, and proposed technical standard orders
(TSOs)currently offered by the Aircraft Certification Service. SUMMARY: The FAA's Aircraft Certification Service publishes proposed non-regulatory documents that are available for public comment on the Internet at *http://www.faa.gov/aircraft/draft_docs/* . DATES: We must receive comments on or before the due date for each document as specified on the Web site. ADDRESSES: Send comments on proposed documents to the Federal Aviation Administration at the address specified on the Web site for the document being commented on, to the attention of the individual and office identified as point of contact for the document. FOR FURTHER INFORMATION CONTACT: See the individual or FAA office identified on the Web site for the specified document. SUPPLEMENTARY INFORMATION: Comments Invited When commenting on draft ACs, other policy documents or proposed TSOs, you should identify the document by its number. The Director, Aircraft Certification Service, will consider all comments received on or before the closing date before issuing a final document. You can obtain a paper copy of the draft document or proposed TSO by contacting the individual or FAA office responsible for the document as identified on the Web site. You will find the draft ACs, other policy documents and proposed TSOs on the “Aircraft Certification Draft Documents Open for Comment” Web site at *http://www.faa.gov/aircraft/draft_docs/* . For Internet retrieval assistance, contact the AIR Internet Content Program Manager at 202-267-8361. Background We do not publish an individual **Federal Register** notice for each document we make available for public comment. Persons wishing to comment on our draft ACs, other policy documents and proposed TSOs can find them by using the FAA's Internet address listed above. This notice of availability and request for comments on documents produced by the Aircraft Certification Service will appear again in 30 days. Issued in Washington, DC on June 28, 2006. Terry Allen, Acting Manager, Production and Airworthiness Division, Aircraft Certification Service. [FR Doc. 06-5985 Filed 7-3-06; 8:45 am]
Connectionstraces to 39
Traces to 39 documents
U.S. Code
31 references not yet in our index
  • 5 CFR 297
  • 39 CFR 3001.113
  • 39 CFR 3001.9(a)
  • 39 CFR 3001.111
  • 39 CFR 3001.21
  • 39 CFR 3001.111(b)
  • 39 CFR 3001.116
  • 17 CFR 240.17
  • 17 CFR 240.19
  • 15 USC 78
  • 79 Stat. 985
  • EO 11077
  • Pub. L. 99-145
  • Pub. L. 104-106
  • Pub. L. 104-208
  • Pub. L. 98-525
  • Pub. L. 101-510
  • 22 USC 2797-2797c
  • Pub. L. 102-138
  • Pub. L. 102-182
  • Pub. L. 102-190
  • Pub. L. 102-484
  • Pub. L. 105-277
  • Pub. L. 104-107
  • EO 10900
  • Pub. L. 108-25
  • Pub. L. 108-447
  • EO 12884
  • Pub. L. 102-391
  • Pub. L. 105-118
  • Pub. L. 100-461
Citation graph
cites case law
Notices
Notice of a new system of records
U.S.C.§ 552a
U.S.C.§ 1973
U.S.C.§ 404
C.F.R.§ 3001.115
U.S.C.§ 78q–1
U.S.C.§ 552
C.F.R.§ 200.30-3
U.S.C.§ 78s
U.S.C.§ 78k
Cite5 CFR 297
Cite39 CFR 3001.113
Cite39 CFR 3001.9(a)
Cites 70 · showing 12Cited by 0 across 0 sources
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