58462 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Notices 

19See NYSE Arca Rule 7.37(b)(2). 

20As also noted above, PL Orders would, 

however, take precedence over undisplayed 

discretionary order interest. 

21See NYSE Rule 104. 

22 If the NYSE Arca Book is at the NBBO, the 

LMM must have a displayed bid (offer) that is either 

equal to the NYSE Arca Marketplace BBO with a 

quoted size at least as large as the total size of the 

incoming marketable sell (buy) order against which 

the PL Order would trade or $0.01 below (above) 

the NYSE Arca Marketplace BBO with a quoted size 

at least twice as large as the total size of the 

incoming marketable sell (buy) order against which 

the PL Order would trade. 

23See 17 CFR 242.600(b)(30). 

24 15 U.S.C. 78s(b)(2). 

25See Securities Exchange Act Release No. 53539 

(March 22, 2006), 71 FR 16353 (March 31, 2006) 

(SR–NYSE–2004–05). 

26See NYSE Rule 104. 

27 15 U.S.C. 78s(b)(2). 

28 17 CFR 200.30–3(a)(12). 

This proposal would create a new 

order type, the PL Order. The 

Commission believes that the proposal 

is reasonably designed to permit passive 

interaction with incoming orders while 

protecting displayed orders in the NYSE 

Arca Book that are priced at or better 

than the PL Order. In the Vanguard 

Letter, the commenter was concerned 

that the proposed PL Order would 

create a disincentive to displaying limit 

orders. The Commission emphasizes the 

fact that a PL Order would never 

execute ahead of a displayed order that 

is at the same or a better price. As noted 

above, PL Orders would be executed in 

the Working Order Process 19 after all 

other orders, including reserve orders 

and the display portion of discretionary 

orders at a particular price level.20

The Commission believes that the 

ability of LMMs appointed in primary 

listings on the Exchange to use the PL 

Order exclusively is consistent with the 

requirements of the Act. The 

Commission notes that NYSE specialists 

similarly have exclusive ability to 

provide price improvement to incoming 

orders on its Hybrid system only if the 

specialists are meaningfully represented 

in the BBO and provide a minimum 

amount of price improvement.21 LMMs 

appointed in primary listings would be 

able to use the PL Order only if (1) the 

NYSE Arca Book is at the NBBO, the 

order is priced better than the 

Exchange’s BBO by the Minimum Price 

Variation (‘‘MPV’’), and the LMM is 

quoting a certain minimum amount in 

proximity to the Exchange’s BBO 22 or 

(2) the NYSE Arca Book is not at the 

NBBO, the order is priced better than 

the Exchange’s BBO by the MPV, and 

the incoming order is not designated an 

inter-market sweep order.23 The 

Commission believes that permitting 

Users of the PL Order to provide price 

improvement by at least the MPV could 

increase the quality of NYSE Arca’s 

market, and that the condition that 

LMMs must quote a minimum amount 

in proximity to the Exchange’s BBO 

might enhance depth and liquidity at or 

near the Exchange’s BBO. 

VI. Accelerated Approval of 

Amendment Nos. 3 and 4 

The Commission finds good cause for 

approving Amendment Nos. 3 and 4 to 

the proposed rule change prior to the 

thirtieth day after the amendment is 

published for comment in the Federal 

Register pursuant to Section 19(b)(2) of 

the Act.24 In Amendment No. 3, the 

Exchange proposed that in issues where 

NYSE Arca Marketplace is the primary 

listing market and there is an LMM, the 

PL Order would be available only to the 

LMM registered in the primary listing. 

The Exchange also proposed that LMMs 

would be held to certain performance 

obligations related to quote size and 

quote spread. In Amendment No. 4, the 

Exchange proposed that LMMs who are 

registered in the primary listing of an 

issue on the NYSE Arca Marketplace 

will have exclusive access to PL Orders 

only if such LMMs comply with certain 

quoting and price improvement 

requirements. 

The Commission believes that 

limiting use of the PL Order to LMMs 

registered in a primary listing raises no 

novel issue of regulatory concern 

because, as noted above, the 

Commission recently approved a similar 

functionality for New York Stock 

Exchange ‘‘NYSE’’ specialists.25 Under 

NYSE Hybrid Rules, NYSE specialists 

may employ algorithms which generate 

trading messages that provide price 

improvement to incoming orders only if 

the specialist is represented in a 

meaningful amount in the NYSE’s 

BBO.26 Accordingly, the Commission 

finds good cause to accelerate approval 

of Amendment Nos. 3 and 4. 

VII. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,27 that the 

proposed rule change (SR–PCX–2005–

53), as amended by Amendment Nos. 1 

and 2, be, and it hereby is, approved, 

and that Amendment Nos. 3 and 4 are 

approved on an accelerated basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.28

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–16247 Filed 10–2–06; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 5563] 

U.S. Department of State Advisory 

Committee on Private International 

Law: Notice of Hearing 

The U.S. Department of State 

Advisory Committee on Private 

International Law will hold a meeting 

on October 19th and 20th, 2006 at the 

Georgetown University Law Center, 600 

New Jersey Avenue, NW., Washington, 

DC. Thursday’s meeting will be held on 

the 12th floor of the Gewirz Building 

and Friday’s meeting will be in Room 

200 of the McDonough Building. The 

meetings will start both days at 9 a.m. 

and will end on Thursday, October 19th 

at 5 p.m. and on Friday, October 20th 

at 3 p.m. The meetings will discuss the 

general ‘‘state of the world’’

developments in the areas of investment 

securities law, computer-age revolution, 

international family law and the 

emerging family process, the process of 

new convention on the child support, 

judicial assistance and arbitration, eapostilles and reports on other Private 

International Law projects. 

The meeting is open to the public up 

to the capacity of the meeting room. 

Interested persons are invited to attend 

and to express their views. Persons who 

wish to have their view considered are 

encouraged, but not required, to submit 

written comments in advance. 

Comments should be sent electronically 

to SmeltzerTK@State.gov. Anyone 

planning to attend this meeting should 

provide their name, affiliation and 

contact information in advance to Trish 

Smeltzer or Renetta Davis at 202–776–

8420 or by e-mail to DavisRX@state.gov. 

Dated: September 26, 2006. 

Harold S. Burman, 

Executive Director, Department of State. 

[FR Doc. E6–16301 Filed 10–2–06; 8:45 am] 

BILLING CODE 4710–08–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 draft advisory circulars (ACs), other 

policy documents, and proposed 

technical standard orders (TSOs) 

currently offered by the Aircraft 

Certification Service. 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Notices 58463 

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: Final 

advisory circulars, other policy 

documents, and technical standard 

orders (TSOs) are available on FAA’s 

Regulatory and Guidance Library (RGL) 

at http://www.airweb.faa.gov/rgl. 

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. On the Web site, you may 

subscribe to our service for e-mail 

notification when new draft documents 

are made available. 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 September 

26, 2006. 

Frank Paskiewicz, 

Manager, Production and Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 06–8464 Filed 10–2–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

RTCA Special Committee 135: 

Environmental Conditions and Test 

Procedures for Airborne Equipment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 135 meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 135: 

Environmental Conditions and Test 

Procedures for Airborne Equipment. 

DATES: The meeting will be held 

October 23–26, 2006 starting at 9 a.m. 

ADDRESSES: The meeting will be held at 

RTCA, 1828 L Street, NW., Suite 805, 

Colson Board Room, Washington, DC 

20036. 

FOR FURTHER INFORMATION CONTACT: (1) 

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92–

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

135 meeting. The agenda will include: 

• October 23: 

• All Day, Working Group—Section 

21, Emission of Radio Frequency 

Energy. 

• October 24: 

• All Day, Working Group—Section 

16, Power Input. 

• All Day, Working Group—Section 

21, Emission of Radio Frequency 

Energy. 

• October 25–26. 

• Opening Plenary Session (Welcome 

and Introductory Remarks). 

• Approval of Summary from the 

Forty-Seventh Meeting. 

• RTCA Paper No. 088–06/SC135–

655. 

• Chairman’s Update. 

• DO–160E Errata Paper is Published. 

• Clarity Schedule (‘‘substantial 

change deadline’’). 

• Review Results of EUROCAE ED–14 

September Meeting. 

• Review Status of Working Groups. 

• Section 16, Power Input. 

• Section 20, Radio Frequency 

Susceptibility (Radiated and 

Conducted). 

• Section 21, Emission of Radio 

Frequency Energy. 

• Review List of Change Proposals for 

all other Sections. 

• Review Status of Draft of New 

Section 27, Toxic Fumes. 

• Discuss Status/Progress of User 

Guide Information. 

• Review Schedule to Release DO–

160E. 

• Closing Plenary Session (New/ 

Unfinished Business, Date and Place of 

Next Meeting). 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on September 

27, 2006. 

Francisco Estrada C., 

RTCA Advisory Committee. 

[FR Doc. 06–8460 Filed 10–2–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Fourth Meeting: Special Committee 

209, Air Traffic Control Radar Beacon 

Systems (ATCRBS)/Mode S 

Transponder 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 209, ATCRBS/Mode S 

Transponder. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 209, Air 

Traffic Control Radar Beacon Systems 

(ATCRBS)/Mode S Transponder. 

DATES: The meeting will be held 

October 18–19, 2006, from 9 a.m.–5 p.m. 

ADDRESSES: The meeting will be held at 

Honeywell, 23500 West 105th St., 

Olathe, KS 66061. 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9434; Web site 

http://www.rtca.org, Honeywell contact: 

Don Walker; telephone (913) 712–2193, 

e-mail don.walker@honeywell.com; 

Honeywell Secretary contact: Gary Furr; 


rwilkins on PROD1PC63 with NOTICES