Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2006-07-20 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Notice of intent of waiver with respect to land

2,413 words·~11 min read·/register/2006/07/20/06-6379

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

BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54130; File No. SR-NYSEArca-2006-20] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of a Proposed Rule Change Relating to Schedule of Fees and Charges July 11, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 17, 2006, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange.
On May 26, 2006, the Exchange filed Amendment No. 1 to the proposed rule change. On June 30, 2006, the Exchange filed Amendment No. 2 to the proposed rule change. On July 7, 2006, the Exchange filed Amendment No. 3 to the proposed rule change. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Form 19b-4 dated July 7, 2006 (“Amendment No. 3”). Amendment No. 3 replaced the original filing and Amendment Nos. 1 and 2 in their entirety.
I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Trade Related Charges section of the Schedule of Fees and Charges (“Schedule”). The text of the proposed fee schedule is available on the NYSE Arca's Web site *http://www.archipelago.com* , at the NYSE Arca's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change, as amended.
The text of these statements may be examined at the places specified in Item IV below. The NYSE Arca 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, as amended, is to amend the Trade Related Charges section of the Schedule. NYSE Arca proposes to combine two existing fees associated with Linkage Orders. 4 The Exchange also proposes to add additional language to footnotes 4 and 5 of the Trade Related Charges section of the Schedule in order to explain that the existing Broker Dealer Surcharge also applies to Linkage Orders. 4 Linkage Orders are orders that are routed through the Intermarket Linkage System (“Linkage”) as permitted under the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage. *See* Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000).
Presently orders received via the Linkage, other than Satisfaction Orders, are assessed a $0.21 transaction fee and a $0.05 comparison fee. 5 Since all applicable Linkage Orders are charged both fees in all instances, to simplify the Schedule, the Exchange is proposing combining the fees into one transaction fee of $0.26. While the published rate schedule will appear different than it presently does, this proposed change does not affect the total fee the Exchange assesses for Linkage transactions.
Changes made pursuant to the combining of the transaction fee and the comparison fee makes no substantive change to the Linkage Fee Pilot Program. This proposed change serves only to simplify of the Schedule. 5 These fees are applicable through an Exchange Pilot Program due to expire on July 31, 2006. The Exchange intends to file for a one-year extension of the Pilot Program. NYSE Arca presently assesses a $0.25 per contract fee on Broker Dealer (“BD”) transactions occurring when BD orders are entered and executed electronically.
Under the Linkage Fee Pilot Program, executions on NYSE Arca resulting from Linkage Orders are subject to the same billing treatment as other BD executions. 6 Subsequently, Linkage Orders that are entered and executed electronically are assessed the $0.25 BD Surcharge per contract on those executions. 7 NYSE Arca proposes to add a reference to the BD Surcharge in the existing footnote associated with Linkage Fees. The Exchange also proposes to add similar language to the footnote associated with the BD Surcharge in order to clarify that the surcharge will apply to Linkage Orders.
The additional language in the footnotes associated with the BD Surcharge and Linkage Fees will serve to explain all costs that are associated with sending and executing Linkage Orders on NYSE Arca. 6 *See* Securities Exchange Act Release No. 47786 (May 2, 2003), 68 FR 24779 (May 8, 2003) (order approving Linkage Fee Pilot Program). 7 NYSE Arca acknowledges that it is in discussions with the Commission staff concerning the historical treatment of the BD Surcharge on Linkage Orders. 2.
Statutory Basis The Exchange believes that the proposal is consistent with Section 6(b) of the Act, 8 in general, and furthers the objectives of Section 6(b)(4) of the Act, 9 in particular, in that it provides for the equitable allocation of dues, fees and other charges among its members and other persons using its facilities for the purpose of executing Linkage Orders that are routed to the Exchange from other market centers. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSEArca-2006-20 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2006-20. 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 offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2006-20 and should be submitted on or before August 10, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). J. Lynn Taylor, Assistant Secretary. [FR Doc. E6-11493 Filed 7-19-06; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE [Delegation of Authority 294] Delegation by the Secretary of State to the Under Secretary for Political Affairs of Authorities Normally Vested in the Deputy Secretary By virtue of the authority vested in me as Secretary of State, including Section l of the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), I hereby delegate to the Under Secretary for Political Affairs, to the extent authorized by law, all authorities and functions vested in the Deputy Secretary of State, including all authorities and functions vested in the Secretary of State or the head of agency that have been or may be delegated or re-delegated to the Deputy Secretary. Any authority or function covered by this delegation of authority may also be exercised by the Secretary of State. Any act, executive order, regulation, or procedure subject to, or affected by, this delegation of authority shall be deemed to be such act, executive order, regulation, or procedure as amended from time to time. This delegation of authority shall enter into force on July 8, 2006 and shall expire upon the appointment and entry upon duty of a new Deputy Secretary. All existing delegations of authority now in effect, including any re-delegation of authority by the Deputy Secretary, shall remain in effect. This delegation of authority shall be published in the **Federal Register** . Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E6-11557 Filed 7-19-06; 8:45 am] BILLING CODE 4710-08-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice for Waiver of Aeronautical Land-Use Assurance, Cambridge Municipal Airport, Cambridge, OH AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of intent of waiver with respect to land. SUMMARY: The Federal Aviation Administration
(FAA)is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the release 4.105 acres of vacant airport property for an exchange of property between the Cambridge Area Regional Airport Authority and Dunning Investment Company, Ltd. The land was conveyed to the Cambridge Area Regional Airport Authority in Deed Volume 364, page 656 of the Recorder's Office, Guernsey County, Ohio. The land was acquired under FAA Project No. 3-39-0013-0303. There are no impacts to the airport by allowing the airport to dispose of the property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. In exchange, the Cambridge Regional Airport Authority will receive a parcel of land adjacent to Cambridge Municipal Airport. This parcel is necessary to meet design standards for future airport development as indicated on the Airport Layout Plan for Cambridge Municipal Airport. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the **Federal Register** 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose. DATES: Comments must be received on or before August 21, 2006. FOR FURTHER INFORMATION CONTACT: Melanie Laud, Program Manager, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174. Telephone Number
(734)229-2929/FAX Number
(734)229-2950. Documents reflecting this FAA action may be reviewed at this same location or at Cambridge Municipal Airport, Cambridge, Ohio. SUPPLEMENTARY INFORMATION: Following is a legal description of the property located in Cambridge, Guernsey County, Ohio, and described as follows: Situated in Jackson Township, Guernsey County, Ohio and being 4.105 acres more or less in Military Lot #29, Township #1 North, Range #3 West in the United States Military Lands Survey and being more particularly described as follows: Commencing at an iron pin found at the Northwest corner of Military Lot #29, Thence with the west line of Military Lot #29 S 05°15′28″ W a distance of 514.25 feet to an iron pin found, the BEGINNING. Thence with the lands of now or formerly Anne Stillion as found in Official Record Book 43 Page 1075 the following two
(2)calls: 1. N 69°10′42″ E a distance of 185.03 feet to an iron pin found. 2. N 04°09′20″ E a distance of 164.76 feet to a P.K. Nail found. Thence with the lands of now or formerly Dunning Investment Company, LTD as found in Official Record Book 184 Page 675 the following two
(2)calls: 1. S 54°21′37″ E a distance of 343.67 feet to an iron pin found. 2. S 55°02′55″ E a distance of 129.55 feet to an iron pin set. Thence with the lands of now or formerly Cambridge Area Regional Airport as found in Official Record Book 319 Page 732 S 36°20′31″ W a distance of 410.12 feet to an iron pin set. Thence with the lands of now or formerly Cambridge Area Regional Airport as found in Official Record Book 384 Page 655 N 54°14′07″ W a distance of 418.18 feet to an iron pin set. Thence with the lands of now or formerly Muskingum Area Technical College as found in Official Record Book 247 Page 889 N 05°15′28″ E a distance of 130.87 feet to the beginning and containing 4.105 acres more or less and being a part of the property conveyed to Cambridge Area Regional Airport as found in Official Record Book 384 Page 655. Part of A.P. #11-02307. Subject to a height restriction easement area that is 817 MSL and described as follows: Beginning at an iron pin found at Southeast corner of the above described property. Thence N 54°14′07″ W a distance of 78.50 feet to an iron pin set. Thence N 36°20′31″ E a distance of 409.01 feet to an iron pin set. Thence S 55°02′55″ E a distance of 78.52 feet to an iron pin set. Thence S 36°20′31″ W a distance of 410.12 feet to the beginning and containing 0.738 acres more or less. Subject to all easements or leases of public record. Bearings are magnetic and are for angle purpose only. Iron pins set are 5/8 inch rebar 30 inches long capped SPILKER LS-5862. Dated: Issued in Romulus, Michigan on June 22, 2006. Irene R. Porter, Manager, Detroit Airports District Office, FAA, Great Lakes Region. [FR Doc. 06-6379 Filed 7-19-06; 8:45 am]
Connectionstraces to 5
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.