Notices. Notice of intent of waiver with respect to land

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BILLING CODE 6820-AM-M SECURITIES AND EXCHANGE COMMISSION Proposed Collections; Comment Request *Upon written request; copies available from:* Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. *Extensions:* Form T-1, OMB Control No. 3235-0110, SEC File No. 270-121 Form T-2, OMB Control No. 3235-0111, SEC File No. 270-122 Form T-3, OMB Control No. 3235-0105, SEC File No. 270-123 Form T-4, OMB Control No. 3235-0107, SEC File No. 270-124 Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) is soliciting comments on the collections of information summarized below.

The Commission plans to submit these existing collections of information to the Office of Management and Budget for approval. Form T-1 (17 CFR 269.1) is a statement of eligibility and qualification under the Trust Indenture Act of 1939 (15 U.S.C. 77aaa *et seq.* ) of a corporation designated to act as a trustee. The information is used to determine whether the trustee is qualified to serve under the indenture. Form T-1 takes approximately 15 hours per response to prepare and is filed by 13 respondents.

We estimate that 25% of the 15 burden hours (4 hours per response) is prepared by the company for a total reporting burden of 52 hours (4 hours per response x 13 responses). The remaining 75% of the burden hours is attributed to outside cost. Form T-2 (17 CFR 269.2) is a statement of eligibility of an individual trustee to serve under an indenture relating to debt securities offered publicly. The information is used to determine whether the trustee is qualified to serve under the indenture.

Form T-2 takes approximately 9 hours per response to prepare and is filed by 36 respondents. We estimate that 25% of the 9 burden hours (2 hours per responses) is prepared by the filer for a total reporting burden of 72 hours (2 hours per response × 36 responses). The remaining 75% of the burden hours is attributed to outside cost. Form T-3 (17 CFR 269.3) is an application for qualification of an indenture under the Trust Indenture Act of 1939 (15 U.S.C. 77aaa *et seq.* ). The information provided by Form T-3 is used by the staff to decide whether to qualify an indenture relating to securities offered to the public in an offering registered under the Securities Act of 1933 (15 U.S.C. 77a *et seq.* ).

Form T-3 takes approximately 43 hours per response to prepare and is filed by 78 respondents. We estimate that 25% of the 43 burden hours (11 hours per response) is prepared by the filer for a total reporting burden of 858 hours (11 hours per response × 78 responses). The remaining 75% of the burden hours is attributed to outside cost. Form T-4 (17 CFR 269.4) is used to apply for an exemption pursuant to Section 304(c) (15 U.S.C. 77ddd (c)) of the Trust Indenture Act of 1939 (77 U.S.C. 77aaa *et seq.* ) and is transmitted to shareholders.

Form T-4 takes approximately 5 hours per response to prepare and is filed by 3 respondents. We estimate that 25% of the 5 burden hours (1 hour per response) is prepared by the filer for a total reporting burden of 3 hours (1 hour per response × 3 responses). The remaining 75% of the burden hours is attributed to outside cost. Written comments are invited on:

(a)Whether these proposed collections of information are necessary for the performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of the burden imposed by the collections of information;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comment to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson 6432 General Greenway, Alexandria, Virginia 22312; or send an e-mail to: *PRA_Mailbox@sec.gov.* Dated: August 14, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-13723 Filed 8-18-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54317; File No. SR-Amex-2006-70] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto Relating to the Application of Certain Violations of the Minor Rule Violation Fine Plan to Registered Options Traders, Supplemental Registered Options Traders, and Remote Registered Options Traders August 15, 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 July 31, 2006, the American Stock Exchange LLC (“Amex” 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 Amex. On August 14, 2006, the Exchange filed Amendment No. 1 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 In Amendment No. 1, Amex provided a specific paragraph citation for the violation of Rule 958—ANTE (relating to the restriction on ROTs quoting outside their assigned option class), modified the description of this particular violation and similar violations under the SROT and RROT rules, and corrected an omission in the original proposed rule text. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Amex Rule 590, which codifies the Exchange's Minor Rule Violation Fine Plan, to include additional violations of certain rules applicable to Registered Options Traders (“ROTs”), Supplemental Registered Options Traders (“SROTs”), and Remote Registered Options Traders (“RROTs”). The text of the proposed rule change is available on Amex's Web site at *http://www.amex.com,* at Amex's principal office, 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, as amended, and discussed any comments it received on the proposal. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Amex Rule 590, the Minor Rule Violation Fine Plan, to include the violations of certain rules applicable to ROTs, SROTs, and RROTs. The Exchange's Minor Rule Violation Fine Plan provides a simplified procedure for the resolution of minor rule violations. Codified in Amex Rule 590, the Minor Rule Violation Fine Plan has three distinct sections: Part 1 (“General Rule Violations”), which covers more substantive matters that, nonetheless, are deemed “minor” by the Commission and Amex; Part 2 (“Floor Decorum”), which covers Floor Decorum and operational matters; and Part 3 (“Reporting Violations”), which covers the late submission of routine reports. Part I of Rule 590 paragraph

(g)applies to members, member organizations, approved persons, or employees of members or member organizations. In this regard, the Exchange proposes to amend Part 1 of Rule 590 to include additional violations of certain rules applicable to ROTs, SROTs, and RROTs. The proposal includes the addition of the failure to comply with ROT, SROT, and RROT quoting requirements, pursuant to Rules 958-ANTE (h)(iii), 993-ANTE (c)(ii), and 994-ANTE (c)(iv). 4 4 The Exchange's SROT and RROT programs were recently approved by the Commission on April 12, 2006 and April 13, 2006, respectively. *See* Securities Exchange Act Release No. 53635 (April 12, 2006), 71 FR 20144 (April 19, 2006) (order approving the SROT program); Securities Exchange Act Release No. 53652 (April 13, 2006), 71 FR 20422 (April 20, 2006) (order approving the RROT program). Rule 958-ANTE (h)(iii) provides that if a ROT transacted 20% or more of his or her contract volume electronically, and not through open outcry, during any calendar quarter, then for the next quarter he or she would have an electronic quoting obligation. This analysis is performed separately for each ROT's assigned option classes. The required percentage varies from 20% to 60% depending on the contract volume executed electronically on the Amex, in that option class, by all Amex market participants. Rules 993-ANTE (c)(ii) and 994-ANTE (c)(iv) require SROTs and RROTs to provide continuous two-sided quotations in accordance with Rule 958-ANTE (c), in at least 60% of the series of their assigned classes. Furthermore, the Exchange proposes to include as a violation, the restriction on quoting outside assigned classes, as set forth in Rule 958-ANTE (a), Commentary .03 to Rule 993-ANTE, and 994-ANTE (c)(iii). Commentary .03 to Rule 993-ANTE provides that a SROT may act in a market-making capacity only in the option classes to which it is assigned, while Rule 994-ANTE (c)(iii) states that a RROT may not enter quotations electronically from outside the trading crowd in options classes in which it is not assigned as an RROT. 2. Statutory Basis The Exchange believes that the proposed rule change, as amended, is consistent with Section 6 of the Act 5 in general and furthers the objectives of Section 6(b)(5) 6 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that proposed rule change would 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 solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

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

(ii)as to which the Exchange consents, the Commission will:

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

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-Amex-2006-70 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-Amex-2006-70. 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 Amex. 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-Amex-2006-70 and should be submitted on or before September 11, 2006. 7 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 Nancy M. Morris, Secretary. [FR Doc. E6-13728 Filed 8-18-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54315; File No. SR-ISE-2006-43] Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Fee Changes August 14, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on July 25, 2006, the International Securities Exchange, Inc. (“ISE” 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 ISE. On August 10, 2006, ISE filed Amendment No. 1 to the proposed rule change. 3 The ISE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the ISE under Section 19(b)(3)(A)(ii) of the Act, 4 and Rule 19b-4(f)(2) thereunder, 5 which renders the proposal effective upon filing with the Commission. 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 Amendment No. 1 revised the rule text contained in Exhibit 5 to conform it to the discussion contained in the Purpose section, which explains that a ten

(10)cent per contract surcharge applies only to IWB, IWD, XLV, XLU, and XLK and not to all of the Premium Products that are the subject of this filing. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE is proposing to amend its Schedule of Fees to establish fees for transactions in options on nine Premium Products. 6 The text of the proposed rule change, as amended, is available on the ISE's Web site ( *http://www.iseoptions.com/legal/proposed_rule_changes.asp* ), at the principal office of the ISE, and at the Commission's Public Reference Room. 6 “Premium Products” is defined in the ISE's Schedule of Fees as the products enumerated therein. 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 ISE 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 ISE 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 Exchange is proposing to amend its Schedule of Fees to establish fees for transactions in options on the following nine Premium Products: PowerShares Water Resources Portfolio (“PHO”), 7 SPDR Homebuilders ETF (“XHB”), 8 iShares FTSE/Xinhua China 25 Index Fund (“FXI”), iShares Dow Jones Select Dividend Index Fund (“DVY”), 9 iShares Russell 1000 Index Fund (“IWB”), iShares Russell 1000 Value Index Fund (“IWD”), Health Care Select Sector SPDR Fund (“XLV”), Utilities Select Sector SPDR Fund (“XLU”), and Technology Select Sector SPDR Fund (“XLK”). 10 Specifically, the Exchange is proposing to adopt an execution fee and a comparison fee for all transactions in options on PHO, XHB, FXI, DVY, IWB, IWD, XLV, XLU, and XLK. 11 The amount of the execution fee and comparison fee for products covered by this filing shall be $0.15 and $0.03 per contract, respectively, for all Public Customer Orders 12 and Firm Proprietary orders. The amount of the execution fee and comparison fee for all ISE Market Maker transactions shall be equal to the execution fee and comparison fee currently charged by the Exchange for ISE Market Maker transactions in equity options. 13 Finally, the amount of the execution fee and comparison fee for all non-ISE Market Maker transactions shall be $0.16 and $0.03 per contract, respectively. All of the applicable fees covered by this filing are identical to fees charged by the Exchange for all other Premium Products. The Exchange believes the proposed rule change will further the Exchange's goal of introducing new products to the marketplace that are competitively priced. 7 PowerShares TM and PHO TM are trademarks of PowerShares Capital Management LLC (“PowerShares”). The Palisades Water Index is a trademark of Hydrogen Ventures and has been licensed for use for certain purposes by PowerShares. All other trademarks and service marks are the property of their respective owners. The PHO is not sponsored, endorsed, sold or promoted by Hydrogen Ventures, and Hydrogen Ventures makes no representation regarding the advisability of investing in PHO. Hydrogen Ventures and PowerShares have not licensed or authorized ISE to:

(i)Engage in the creation, listing, provision of a market for trading, marketing, and promotion of options on PHO; or

(ii)use and refer to any of their trademarks or service marks in connection with the listing, provision of a market for trading, marketing, and promotion of options on PHO or with making disclosures concerning options on PHO under any applicable Federal or state laws, rules or regulations. Hydrogen Ventures and PowerShares do not sponsor, endorse, or promote such activity by ISE and are not affiliated in any manner with ISE. 8 “Standard & Poor's®,” “S&P®,” “S&P 500®,” “Standard & Poor's 500®” “Standard & Poor's Depositary Receipts®,” “SPDR®,” are trademarks of The McGraw-Hill Companies, Inc. (“McGraw-Hill”), and have been licensed for use by State Street Bank and Trust in connection with the listing and trading of XHB on the American Stock Exchange. XHB is not sponsored, sold or endorsed by Standard & Poor's, (“S&P”), a division of McGraw-Hill, and S&P makes no representation regarding the advisability of investing in XHB. McGraw-Hill and S&P have not licensed or authorized ISE to:

(i)Engage in the creation, listing, provision of a market for trading, marketing, and promotion of options on XHB; or

(ii)use and refer to any of their trademarks or service marks in connection with the listing, provision of a market for trading, marketing, and promotion of options on XHB or with making disclosures concerning options on XHB under any applicable Federal or state laws, rules or regulations. McGraw-Hill and S&P do not sponsor, endorse, or promote such activity by ISE and are not affiliated in any manner with ISE. 9 iShares® is a registered trademark of Barclays Global Investors, N.A. (“BGI”), a wholly owned subsidiary of Barclays Bank PLC. “Dow Jones” and “Dow Jones U.S. Select Dividend Index Fund” are trademarks and service marks of Dow Jones & Company, Inc. (“Dow Jones”) and have been licensed for use for certain purposes by BGI. “FTSE” is a trademark jointly owned by the London Stock Exchange PLC and The Financial Times Limited. “Xinhua” is a service mark and trademark of Xinhua Financial News Network Limited. All marks are licensed for use by FTSE/Xinhua Index Limited. All other trademarks and service marks are the property of their respective owners. Neither DVY nor FXI are sponsored, endorsed, issued, sold or promoted by Dow Jones or FTSE/Xinhua Index Limited. BGI, Dow Jones, and FTSE/Xinhua Index Limited have not licensed or authorized ISE to:

(i)Engage in the creation, listing, provision of a market for trading, marketing, and promotion of options on DVY and FXI; or

(ii)use and refer to any of their trademarks or service marks in connection with the listing, provision of a market for trading, marketing, and promotion of options on DVY and FXI or with making disclosures concerning options on DVY and FXI under any applicable Federal or state laws, rules or regulations. BGI, Dow Jones, and FTSE/Xinhua Index Limited do not sponsor, endorse, or promote such activity by ISE and are not affiliated in any manner with ISE. 10 PHO, XHB, FXI, DVY, IWB, IWD, XLV, XLU, and XLK constitute “Fund Shares,” as defined by ISE Rule 502(h). 11 These fees will be charged only to Exchange members. Under a pilot program that is set to expire on July 31, 2006, these fees will also be charged to Linkage Orders (as defined in ISE Rule 1900). *See infra* footnote 15 (regarding ISE's proposed rule change to extend its Linkage fees pilot program). 12 Public Customer Order is defined in Exchange Rule 100(a)(33) as an order for the account of a Public Customer. Public Customer is defined in Exchange Rule 100(a)(32) as a person that is not a broker or dealer in securities. 13 The execution fee is currently between $.21 and $.12 per contract side, depending on the Exchange Average Daily Volume, and the comparison fee is currently $.03 per contract side. Additionally, the Exchange has entered into a license agreement with the Frank Russell Company and Standard & Poor's in connection with the listing and trading of options on IWB, IWD and XLV, XLU, and XLK, as applicable. As with certain other licensed options, the Exchange proposes to adopt a fee of ten

(10)cents per contract for trading in these options to defray the licensing costs. The Exchange believes charging the participants that trade these products is the most equitable means of recovering the costs of the licenses. However, because of competitive pressures in the industry, the Exchange proposes to exclude Public Customer Orders from this surcharge fee. Accordingly, this surcharge fee will only be charged to Exchange members with respect to non-Public Customer Orders ( *e.g.* , ISE Market Maker, non-ISE Market Maker, and Firm Proprietary orders) and shall apply to Linkage Orders 14 under a pilot program that is set to expire on July 31, 2006. 15 Finally, since options on PHO, XHB, FXI, DVY, IWB, IWD, XLV, XLU, and XLK are multiply-listed, the Payment for Order Flow fee shall also apply. 14 *See* ISE Rule 1900. 15 In File No. SR-ISE-2006-38, the Exchange proposed, and the Commission subsequently approved, a rule change to extend the Linkage fees pilot program until July 31, 2007. *See* Securities Exchange Act Release No. 54204 (July 25, 2006), 71 FR 43548 (August 1, 2006). 2. Statutory Basis The Exchanges believes that the basis under the Act for this proposed rule change is the requirement under Section 6(b)(4) of the Act 16 that an exchange have an equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. 16 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change, as amended, does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change, as amended, establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act 17 and Rule 19b-4(f)(2) 18 thereunder. At any time within 60 days of the filing of such amended 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. 19 17 15 U.S.C. 78s(b)(3)(A). 18 17 CFR 19b-4(f)(2). 19 The effective date of the original proposed rule is July 25, 2006. The effective date of Amendment No. 1 is August 10, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on August 10, 2006, the date on which the ISE submitted Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml);* or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-ISE-2006-43 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-ISE-2006-43. 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 ISE. 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-ISE-2006-43 and should be submitted on or before September 11, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-13725 Filed 8-18-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54316; File No. SR-NYSE-2006-59] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Specialists Hitting Bids and/or Taking Offers Algorithmically on a Temporary Basis Until Phase II of the Hybrid Market Is Fully Implemented August 15, 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 August 8, 2006, the New York Stock Exchange LLC (“NYSE” 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. NYSE filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 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 NYSE proposes to amend Exchange Rule 104 (Dealings by Specialists) with respect to the specialists' ability to establish systems employing algorithms to send messages via a connection to the Display Book® for the purpose of quoting or executing trades systemically. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nyse.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Through the NYSE Hybrid Market SM initiative, 5 the Exchange is permitting specialists to establish electronic connections to the Display Book® system 6 (“Display Book”). Specialists will have electronic access to certain information which will permit them to make a range of specified quoting and trading decisions based on that information via the Display Book connection. Specifically, the amendments to Rule 104 (Dealings by Specialists) pursuant to the NYSE Hybrid Market SM provide specialists with the ability to implement systems that use proprietary algorithms based on predetermined parameters to electronically participate in the Hybrid Market SM (“Specialist Algorithm”). The Specialist Algorithm is designed to communicate with the Display Book via an Exchange-owned external application program interface (“API”). 5 *See* Securities Exchange Act Release No. 53539 (March 22, 2006), 71 FR 16353 (March 31, 2006). 6 The Display Book system is an order management and execution facility. It receives and displays orders to the specialist, contains the orders received by the specialist (the “Book”), and provides a mechanism to execute and report transactions to the Consolidated Tape. As approved in the Hybrid Market initiative, the Specialist Algorithm is permitted to send messages to the Display Book via the API to quote or trade on behalf of the specialist's proprietary interest. The Specialist Algorithm will generate these quoting or trading messages in reaction to specific types of information it will have access to. This information includes specialist dealer position, existing quotes, publicly available information the specialist chooses to supply to the algorithm, incoming orders as they are entering Exchange systems, and information about orders on the Display Book such as limit orders, percentage orders, stop orders, and auction limit and auction market orders. This latter information stream is known as “state of the book” information. The Exchange has continued to discuss Hybrid Market features with its members and advisory committees. Based on these discussions, the Exchange has effected selective changes to certain aspects of the Hybrid Market, to produce a trading venue that best addresses the various needs of the Exchange members and customers. On June 20, 2006, the Exchange filed a proposed rule change 7 with the Commission that was effective upon filing to amend Rule 104(b). That proposal added Rule 104(b)(i) to permit specialists to send quoting messages via the API in all securities without the specialists having access to information about incoming orders as they are entering Exchange systems. That proposal also specified that Rule 104(b)(i) would be superseded when Phase II of the Hybrid Market is fully implemented. 7 *See* Securities Exchange Act Release No. 54024 (June 21, 2006), 71 FR 124 (June 28, 2006). In this current filing, the Exchange seeks to amend current Rule 104(b)(i) to renumber it as Rule 104(aa)(i) and to clarify that the specialists will have the ability to send quoting messages as described above without the need for Exchange authorization. In addition, the Exchange seeks to further amend Rule 104 to add a new section (aa)(ii), to permit specialists to algorithmically execute transactions against the Exchange's best bid or offer (“Hit Bid/Take Offer”) in any security. As with the quoting messages governed by Rule 104(aa)(i), the API will not have information about incoming orders as such orders are entering Exchange systems. Pursuant to Rule 104(c), specialist messages to trade with the Exchange published quote must include a code identifying the reason for the algorithmic action, the unique identifier of the order to which the algorithmically-generated message is reacting (if any), the unique identifier of the order immediately preceding the generation of the algorithmically-generated message and any other information the Exchange may require. Hit Bid/Take Offer messages will be processed by the Display Book in such a manner that a specialist's algorithmic message to trade with the Exchange published quotation does not possess any speed advantage in reaching the Display Book by delaying the processing of this type of trading message from the Specialist Algorithm. 8 8 *See* Securities and Exchange Act Release No. 53539 (March 22, 2006), 71 FR 16353 (March 31, 2006). Based upon the average transit time from the Exchange Common Message Switch

(CMS)system to the Display Book system, the Exchange would determine the appropriate amount of time to delay the processing of algorithmic messages to trade with the Exchange published quotation. The delay parameter would be adjusted periodically to account for changes to the average transit time resulting from capacity and other upgrades to Exchange systems. The proposed amendments discussed in this filing will be superseded with the Exchange Rule 104 amendments, as previously approved in the NYSE Hybrid Market SM initiative, when Phase II of Hybrid Market SM is fully implemented. All other provisions of Rule 104 remain in effect, including but not limited to, provisions governing stabilization and the specialist's negative obligation. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 9 in general, and furthers the objectives of Section 6(b)(5) of the Act 10 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. 9 15 U.S.C. 78f(b). 10 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 The Exchange has neither solicited nor received written comments on the proposed rule change. 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)by its terms, 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 11 and Rule 19b-4(f)(6) thereunder. 12 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). A proposed rule change filed under Rule 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay and designate the proposed rule change immediately operative upon filing. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest because it would allow specialists to begin testing their APIs. Accordingly, the Commission designates the proposal to be effective and operative upon filing with the Commission. 14 13 17 CFR 240.19b-4(f)(6)(iii). 14 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed 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-NYSE-2006-59 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-NYSE-2006-59. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2006-59 and should be submitted on or before September 11, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-13726 Filed 8-18-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54309; File No. SR-NYSEArca-2006-25] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the NYSE Arca Schedule of Fees and Charges for Exchange Services August 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 August 1, 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. NYSE Arca filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to amend its Schedule of Fees and Charges for Exchange Services (“Schedule”) in order make changes to transaction charges, dues, and fees. The Exchange also proposes the elimination of certain obsolete fees and the implementation of certain new fees. The changes to the Schedule pursuant to this proposal became effective on August 1, 2006. The text of the proposed rule change is available on NYSE Arca's Web site at *http://www.nysearca.com* , at the principal office of NYSE Arca, and at the Commission's Public Reference Room. 5 5 The Exchange effected certain technical changes to the proposed Schedule via telephone. Conversation between Janet Angstadt, Acting General Counsel, NYSE Arca and Tim Fox, Special Counsel, Commission, on August 9, 2006. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NYSE Arca 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. 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 As part of its ongoing effort to improve competitiveness through technology and new rules, NYSE Arca is proposing changes to its Schedule in conjunction with the implementation of its new OX trading platform. 6 The new rate Schedule will eliminate all application fees, enhance Option Trading Permit (“OTP”) fees and cut transaction charges. A new per issue fee conveying Lead Market Maker (“LMM”) rights will also be implemented that assesses monthly fees based on the average daily trading volume of an LMM's allocations. Under the proposal, the Cancellation fee will be phased out, as it will only apply to issues trading on PCX Plus. The 5% invoice surcharge that the Exchange presently assesses will be terminated. NYSE Arca also proposes to update any reference to the name of the Exchange contained in the Schedule to reflect its recent name change. 7 In order to offer a more user-friendly format, the Schedule has also been reformatted with all footnotes being replaced, as needed, with endnotes contained in an easy to read summary at the end of the Schedule. What follows details the exact nature of the changes in the Schedule. 6 OX, the Exchange's new electronic trading platform for options will be replacing PCX Plus, the Exchange's existing electronic trading system. OX is being introduced as a part of a phased-in rollout in August 2006. *See* Securities Exchange Act Release No. 54238 (July 28, 2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13). 7 The Exchange recently amended its rules to reflect these name changes: from Pacific Exchange, Inc. to NYSE Arca, Inc.; from PCX Equities, Inc. to NYSE Arca Equities, Inc.; from PCX Holdings, Inc., to NYSE Arca Holdings, Inc.; and from the Archipelago Exchange, L.L.C. to NYSE Arca, L.L.C. See Securities and Exchange Act Release No. 53615 (April 7, 2006), 71 FR 19226 (April 13, 2006) (SR-PCX-2006-24). Application Fees All application fees will be eliminated. These include the Application fee, Reapplication fee, OTP Activation fees and the Joint Account Application fee. The OTP Intra Firm Transfer fees are also being eliminated. OTP Fees OTP Trading Participant Rights will replace the existing OTP Fee of $750 per month, which has been applicable to Floor Brokers, Market Makers and off floor firms. OTP Trading Participation Rights for Floor Brokers and Office Firms will now be $1,000 per month per OTP. Under the proposal, neither group will pay for an access fee. The existing Access fee of $130 will only be assessed on registered floor personnel that do not pay an OTP fee. The $5,000 per month fee cap on Access fees will be eliminated. The existing $500 per month Floor Broker fee will no longer apply. OTP Trading Participant Rights for NYSE Arca Market Makers will be $4,000 fee per OTP. Participation Rights for NYSE Arca Market Makers will be subject to a monthly cap of $16,000 per Market Maker. Under the proposed changes, Market Makers will no longer pay the existing $1,500 Market Maker fee or the $130 Access fee. Although the direct expense associated with a single OTP will increase, the Exchange believes that restructuring of fixed fees relative to transaction fees will encourage trading on the Exchange by market makers. In addition, the maximum cost for a market making firm to stream quotes and transact business in all issues on the Exchange has been significantly reduced, from $33,280 per month to $16,000 per month. Lead Market Maker Rights OTP Firms acting as LMMs will be assessed a fee for LMM Rights on a per issue basis in addition to the OTP Trade Participant Rights. The LMM Rights, assessed on every issue that an LMM has been allocated, will be based on the average daily volume (“ADV”) of customer contracts traded in that issue. The ADV will be calculated using customer volume figures as reported by the Options Clearing Corporation. 8 8 The Exchange notes that a number of institutional and large size transactions sometimes skew average daily volumes. These trades usually clear under firm and market maker clearance accounts. To ensure that LMMs are not disadvantaged by these levels of activity, customer volumes are therefore being used in the calculation of the LMM Rights Fee. For the purposes of calculating this fee, the ADV will be based on a trailing 3-month average. For issues with an ADV of between 0-2,000 contracts, the LMM Rights fee will be $150 per stock. For issues with an ADV of between 2,001 and 5,000 contracts, the LMM Rights fee will be $400 per stock. For issues with an ADV of between 5,001-15,000 contracts, the LMM Rights fee will be $750 per stock. For issues with an ADV of between 15,001 and 100,000 contracts, the LMM Rights fee will be $1,500 per stock and for issues that trade with an ADV in excess of 100,000 contracts per month the LMM Rights fee will be $3,000 per stock. This fee will help offset the costs incurred to provide technology and other infrastructure to support firms operating on the trading platform of the Exchange. This fee will be assessed at the end of each month on each issue that an LMM holds in its LMM appointment. In the event that an LMM has voluntarily delisted an issue prior to the end of the month, the full monthly rate will still apply. LMMs will not incur LMM fees on issues that they trade that are not included in their LMM appointment. An Interim LMM, 9 that is temporarily allocated an issue(s) by the Exchange will not be assessed an LMM rights fee for those issues. This fee will not apply in the event an issue has been designated for “closing transactions only” and is subject to delisting by the Exchange. 9 If an LMM has been relieved of an appointment or resigns or if the allocation otherwise becomes vacant, the Exchange may designate an interim LMM or a Market Maker trading crowd pending the conclusion of a new LMM selection process. The designation of an interim LMM is not a prejudgment of the new LMM selection process. *See* NYSE Arca Rule 6.82(b)(4) (Interim LMMs). Per Contract Charges Options per contract transaction charges will reflect the following rate schedule: Order type Rate per contract LMM $0.09 NYSE Arca Market Maker 0.16 Broker Dealer Electronic 0.50 Broker Dealer Manual 0.26 Customer Electronic 0.00 Customer Manual 0.00 Firm 0.15 NYSE Arca Market Maker charges will be reduced from $0.26 per contact to $0.16 per contract. A new $0.09 per contract fee will now apply to LMMs on all trades that they transact in issues in which they are the appointed LMM. Previously, LMMs were charged the $0.26 Market Maker rate on all transactions. Certain LMM transactions previously qualified for the Firm transaction fee. Going forward, in the event of the LMM fee conflicts with the Firm transaction fee, the lower rate will always apply. The Exchange will continue to rebate LMM transaction fees for executions that result from the LMM sending Linkage Orders 10 executed on other exchanges. In addition to the aforementioned rebate, the Exchange will continue to credit Market Makers $0.26 per contract for executions that result from the LMM sending Linkage Orders to other exchanges. 10 “Linkage Orders” are Immediate or Cancel orders routed through the Intermarket Option Linkage containing certain information prescribed in the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (“Linkage Plan”). *See* Section 2(16) of the Linkage Plan. *See also* NYSE Arca Rule 6.92(a)(12). Manual broker dealer (“BD”) executions, presently $0.26 per contract, will remain unchanged. Electronic BD executions will now be assessed a transaction fee of $0.50 per contract (instead of $0.51 total charge that was comprised of the $0.26 transaction fee and $0.25 surcharge). BD fees are not assessed on NYSE Arca Market Makers. The BD Surcharge is being eliminated to provide for simplification of rates. Specifically, the old rate schedule required the addition of the Transaction charge and the Surcharge to come up with the total cost; the new rate schedule rolls it up into one category. In the descriptive language associated with Limit of Fees on Strategy Executions under the Trade Related Charges section of the Schedule, a reference to the “on line comparison fee” has been deleted. The on line comparison fee as it applied to these trades was eliminated from the Schedule in a recent filing with the Commission. 11 A reference to the fee was inadvertently left in this section. This change is for housekeeping purposes and makes no substantive change. 11 The Exchange amended the Schedule in order to combine a $0.21 transaction fee and a $0.05 comparison fees into one $0.26 transaction fee for Market Maker, Firm and Broker Dealer executions. *See* Securities Exchange Act Release No. 53485 (March 14, 2006), 71 FR 14564 (March 22, 2006) (SR-PCX-2006-15). Cancellation Fees The order cancellation fee will be phased out, as it will only be assessed on issues trading on PCX Plus. This fee has been typically assessed by most options exchanges to help mitigate congestion caused by trading participants that have excessive cancellations. NYSE Arca believes its new OX trading platform will be robust enough to handle this traffic, and therefore a fee designed to mitigate incoming order flow is no longer necessary. The 5% Surcharge Fee NYSE Arca will no longer assess a 5% Surcharge Fee on an OTP Holder's and OTP Firm's monthly invoice. Eliminating this fee will assist NYSE Arca in being more price competitive with other Exchanges. Other Changes Booth Fees on the Options Floor will be consolidated into one rate: $350 per month per booth, regardless of the size or location of the booth. The ACTANT server fee of $100 per month will be eliminated. A $175 Electronic Order Capture (“EOC”) fee will replace the Floor Broker Hand Held device fee. The EOC system will now encompass all order handling functions previously done on the Floor Brokers Hand Held. The $175 fee will apply to each EOC device. NYSE Arca Equities Regulatory Fees are being removed from the NYSE Arca Options Schedule. These fees were incorporated into the NYSE Arca Equities Fee Schedule as part of a separate filing. 12 12 SR-NYSEArca-06-43, filed with the Commission on June 30, 2006, was effective upon filing. Various other charges that have become obsolete over time will be eliminated. Trade Match tables are no longer used; therefore, the fee associated with them will be deleted. The Exchange will no longer have an Agency Stock Execution Fee nor assess a Market Maker give-up charge, as these fees are no longer applicable in today's marketplace. POETS Workstations, which are used in OTP floor booths, will now include other applications, and will now be called “Booth Workstations.” The Standard Report Package is a printed report that the Exchange previously produced for OTP Holders. The information contained in the report is now available electronically and can be accessed free of charge. Therefore, the fee will be eliminated. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act, 13 in general, and with Section 6(b)(4) of the Act, 14 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among OTP Holders, OTP Firms. 15 13 15 U.S.C. 78f. 14 15 U.S.C. 78f(b)(4). 15 The Exchange removed a reference in the Statutory Basis Section of the filing relating to the applicability of the fees to “other market participants trading options contracts on certain ETFs” via telephone. Conversation between Pete Armstrong, NYSE Arca and Tim Fox, Special Counsel, Commission, on August 10, 2006. B. Self-Regulatory Organization's Statement on Burden on Competition NYSE Arca 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 The foregoing rule change is subject to Section 19(b)(3)(A)(ii) of the Act 16 and subparagraph (f)(2) of Rule 19b-4 thereunder 17 because it establishes or changes a due, fee, or other charge applicable only to a member imposed by the self-regulatory organization. Accordingly, the proposal is effective upon Commission receipt of the filing. 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. 16 15 U.S.C. 78s(b)(3)(A)(ii). 17 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File No. SR-NYSEArca-2006-25 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 No. SR-NYSEArca-2006-25. 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 will also be available for inspection and copying at the principal office of the NYSE Arca. 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 No. SR-NYSEArca-2006-25 and should be submitted on or before September 11, 2006. 18 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 18 Nancy M. Morris, Secretary. [FR Doc. E6-13729 Filed 8-18-06; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Pubic Notice for Waiver of Aeronautical Land-Use Assurance; Detroit Metropolitan Wayne County Airport, Detroit, MI 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 Detroit Metropolitan Wayne County Airport

(DTW)from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of the sale of vacant, unimproved land owned by the Wayne County Airport Authority (WCAA). The WCAA has requested from FAA a “Release from Federal agreement obligated land covenants” to sell portions of six

(6)parcels. The property proposed for release was acquired by the WCAA and FAA Project Numbers: 3-26-0026-1991, 3-26-0026-2292, 3-26-0026-3695, 3-0026-4197, and 3-26-0026-4398. There are no impacts to the airport by allowing the WCAA to dispose of the vacant property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the **Federal Register** on February 16, 1999. 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 September 20, 2006. FOR FURTHER INFORMATION CONTACT: Mr. David J. Welhouse, Project Manager, Detroit Airports District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174. Telephone Number

(734)229-2952/FAX Number

(734)229-2950. Documents reflecting this FAA action may be reviewed at this same location or at Detroit Metropolitan Wayne County Airport, Detroit, Michigan. SUPPLEMENTARY INFORMATION: Following is a legal description of the property (portions of Parcels 63 (A&B), 64, 65, 66, 67, and 71) located in Romulus, Wayne County, Michigan, and described as follows: Description of That Portion of Parcel 63-A Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3. S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 390.64 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 439.59 feet to a point on the Westerly Right-Of-Way Line for relocated Vining Road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning South 30 degrees 29 minutes 17 seconds West, along said right of way line, a distance of 213.94 feet to a point; North 00 degrees 10 minutes 20 seconds East, a distance of 654.13 feet to a point on the center line of the Sexton Kilfoil Drain; thence South 76 degrees 26 minutes 59 seconds East, along the center line of said Sexton Kilfoil Drain, a measured distance of 111.00 feet (described 111.50 feet) to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 443.76 feet to the point of beginning. Containing 1.361 acres, more or less, of land in area. Description of That Portion of Parcel 63-B Being Released Part of the South 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 260.00 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a measured distance of 216.11 feet (described 218.66 feet) to a point on the Westerly Right-Of-Way line for relocated Vining Road (120 feet wide), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said pont of beginning North 00 degrees 10 minutes 20 seconds East, a measured distance of 1655.43 feet (described 1656.77 feet) to a point on the Southerly line of the Norfolk and Western Railroad Right-Of-Way (100 feet wide); thence North 73 degrees 24 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-Of-Way, a distance of 136.44 feet to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 1027.60 feet to a point on the center line of the Sexton Kilfoil Drain; thence North 76 degrees 26 minutes 59 seconds West, along the center line of said Sexton Kilfoil Drain, a measured distance of 111.00 feet (described 111.50 feet) to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 654.13 feet to a point on said Westerly Right-Of-Way Line for relocated Vining Road; thence South 30 degrees 29 minutes 17 seconds West, along said right of way line, a distance of 44.87 feet to the point of beginning. Containing 3.344 acres, more or less, of land in area. Description of That Portion of Parcel 64 Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 390.64 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 439.59 feet to a point on the Westerly Right-of-Way Line for relocated Vining Road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning North 00 degrees 10 minutes 20 seconds East, a distance of 1471.36 feet to a point on the Southerly line of the Norfolk and Western Railroad Right-of-Way (100 feet wide); thence North 73 degrees 20 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-of-Way, a distance of 171.28 feet to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 1240.29 feet to a point on said Westerly Right-of-Way Line for relocated Vining Road; thence South 30 degrees 29 minutes 17 seconds West, along said right of way line, a distance of 324.90 feet to the point of beginning. Containing 5.105 acres, more or less, of land in area. Description of That Portion of Parcel 65 Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 826.05 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 1275.17 feet to a point on the Westerly Right-of-Way Line for relocated Vining Road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning thence South 25 degrees 54 minutes 51 seconds West, along said right of way line, a distance of 574.08 feet to an angle point is said right-of-way line; thence South 30 degrees 29 minutes 17 seconds West, containing along said right of way line, a distance of 43.82 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 1240.29 feet to a point on the Southerly line of the Norfolk and Western Railroad Right-of-Way (100 feet wide); thence North 73 degrees 24 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-of-Way, a distance of 283.50 feet to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 767.12 feet to the point of beginning. Containing 6.278 acres, more or less, of land in area. Description of That Portion of Parcel 66 (West 1/2 ) Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 826.05 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 1275.17 feet to a point on the Westerly Right-of-Way Line for relocated Vining road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning North 00 degrees 10 minutes 20 seconds East, a distance of 767.12 feet to a point on the Southerly line of the Norfolk and Western Railroad Right-of-Way (100 feet wide); thence North 73 degrees 24 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-of-Way, a distance of 139.32 feet to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 530.64 feet to a point on said Westerly Right-of-Way Line for relocated Vining Road; thence South 25 degrees 54 minutes 51 seconds West, along said right of way line, a distance of 307.15 feet to the point of beginning. Containing 1.987 acres, more or less, of land in area. Description of That Portion of Parcel 66 (East 1/2 ) Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S., R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 1092.89 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 1828.61 feet to a point on the Westerly Right-of-Way Line for relocated Vining Road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning South 25 degrees 54 minutes 51 seconds West, along said right of way line, a distance of 307.15 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 530.64 feet to a point on the Southerly line of the Norfolk and Western Railroad Right-of-Way (100 feet wide); thence North 73 degrees 24 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-of-Way, a distance of 139.32 feet to a point; thence South 00 degrees 10 minutes 20 seconds West a distance of 294.16 feet to the point of beginning. Containing 1.263 acres, more or less, of land in the area. Description of That Portion of Parcel 67 Being Released Part of the Southwest 1/4 of Section 16, T. 3 S., R. 9 E., City of Romulus, Wayne County, Michigan and being more particularly described as follows: Commencing at the Southwest corner of Section 16, T. 3 S, R. 9 E., and running thence South 89 degrees 48 minutes 20 seconds East, along the South line of said Section 16, a distance of 1092.89 feet to a point; thence North 00 degrees 10 minutes 20 seconds East, a distance of 1828.61 feet to a point on the Westerly Right-of-Way Line for relocated Vining Road (width varies), said point being the point of beginning of the parcel of land herein being described; proceeding thence from said point of beginning North 00 degrees 10 minutes 20 seconds East, a distance of 294.16 feet to a point on the Southerly line of the Norfolk and Western Railroad Right-of-Way (100 feet wide); thence North 73 degrees 24 minutes 30 seconds East, along the Southerly line of said Norfolk and Western Railroad Right-of-Way, a distance of 195.67 feet to the point of intersection of said railroad right-of-way line with the Westerly Right-of-Way Line for said relocated Vining Road, said point being distance South 00 degrees 03 minutes 34 seconds West, a measured distance of 105.88 feet (recorded as 104.83 feet), as measured along the East line of said Section 16 and South 73 degrees 24 minutes 30 seconds West a distance of 1361.68 feet, as measured along the Southerly line of said Norfolk and Western Railroad Right-of-Way from the East 1/4 corner of said Section 16; thence South 30 degrees 29 minutes 17 seconds West, along said Westerly Right-of-Way Line for relocated Vining Road, a distance of 206.82 feet to an angle point in said line; thence South 25 degrees 54 minutes 51 seconds West, continuing along said right of way line, a distance of 191.01 feet to the point of beginning. Containing 0.596 acres, more or less, of land in area. Issued in Romulus, Michigan, on July 28, 2006. Irene R. Porter, Manager, Detroit Airports District Office, FAA, Great Lakes Region. [FR Doc. 06-7060 Filed 8-18-06; 8:45 am]

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