Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 54971 

1CSP is an electric utility company and a 

subsidiary company of American Electric Power 

Company, Inc., a registered holding company. 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 52216 

(August 5, 2005), 70 FR 46896. 

4 In approving the proposed rule change, the 

Commission has considered its impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

5 15 U.S.C. 78f(b)(4). 

6See Securities Exchange Act Release No. 50270 

(August 26, 2004), 69 FR 53750 (September 2, 2004) 

(SR–Amex–2004–70). 

application-declaration (‘‘Application’’) 

under sections 12(c) and 12(d) of the 

Act and rules 44, 46, and 54 under the 

Act. 

The Applicants request authorizations 

in connection with Monongahela’s 

proposal to sell its utility assets located 

in Ohio, except certain excluded assets, 

to Columbus Southern Power Company 

(‘‘CSP’’).1 The sale is the result of a 

series of developments in connection 

with the restructuring of the electric 

utility industry in Ohio. In response to 

1999 Ohio legislation that required 

Monongahela to provide its Ohio retail 

electric customers the right to choose 

their electric generation supplier 

beginning January 1, 2001, the Public 

Utilities Commission of Ohio (‘‘PUCO’’) 

approved a settlement of Monongahela’s 

transition plan, which included a 

transfer of its Ohio generation assets to 

an affiliate at book value and under 

which Monongahela guaranteed that its 

large commercial and industrial 

customers would be provided capped 

rates through 2003 and its other retail 

customers would be provided capped 

rates through 2005 should they elect not 

to choose an alternative supplier. 

Monongahela and CSP have entered 

into an Asset Purchase Agreement 

(‘‘APA’’) under which Monongahela has 

agreed to sell, assign, convey, transfer 

and deliver to CSP all of Monongahela’s 

right, title, and interest in assets used by 

Monongahela in its Ohio transmission 

and distribution business, with the 

exception of certain excluded assets. 

These assets include, 59 miles of 

transmission lines, related substations 

and associated property, and 

approximately 1,167 miles of 

distribution facilities that are located in 

Ohio and that constitute utility assets 

under the Act. The associated property 

includes the easements and/or real 

property interests on which the lines 

and related substations are located and 

other physical property required for 

transmission and distribution service. In 

addition, Monongahela will transfer to 

CSP other assets, such as contracts, 

books, records, accounts, inventories, 

machinery, tools, furniture, and other 

personal property. 

The purchase price for these assets 

will be the net book value at the time 

the Transaction closes of the assets 

identified as Acquired Assets in Section 

2.1 of the APA, plus $10,000,000, less 

Monongahela’s share of property taxes 

as specified in the APA. The net book 

value of the utility assets to be sold to 

CSP was approximately $46.6 million at 

March 31, 2005. The consideration for 

the utility assets to be sold in the 

Transaction was the product of arm’slength bargaining between unaffiliated 

parties. In addition, the Transaction is 

being undertaken at the behest, and 

under the review of, the PUCO. 

Applicants submit that for these 

reasons, the consideration Monongahela 

will receive reflects carrying value for 

the assets that the CSP will acquire in 

the Transaction and, therefore, will 

satisfy the requirements of section 12(d). 

Applicants submit that the 

authorizations requested in this 

Application are in their best interest and 

are appropriate for the protection of 

investors and consumers. 

Applicants seek authority for 

Monongahela to dividend to Allegheny 

out of unearned surplus the proceeds 

received from the sale of those assets. 

The proceeds would be used by 

Allegheny to reduce debt and for other 

lawful corporate purposes. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–5093 Filed 9–16–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52408; File No. SR–Amex–

2005–024] 

Self-Regulatory Organizations; 

American Stock Exchange LLC; Order 

Approving Proposed Rule Change and 

Amendment No. 1 Thereto To Establish 

a Process for the Waiver, Deferral, or 

Rebate of Listing Fees for Certain 

Closed-End Funds 

September 12, 2005. 

I. Introduction 

On February 17, 2005, the American 

Stock Exchange LLC (‘‘Amex’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) a proposed rule 

change, pursuant to Section 19(b)(1) of 

the Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to 

provide a process for the waiver, 

deferral, or rebate of listing fees for 

certain closed-end funds. On July 27, 

2005, Amex amended the proposed rule 

change. The proposed rule change, as 

modified by Amendment No. 1, was 

published for comment in the Federal 

Register on August 11, 2005.3 The 

Commission received no comments on 

the proposal. This order approves the 

proposed rule change. 

II. Description of the Proposal 

The Exchange is proposing to amend 

Section 140 of the Amex Company 

Guide to provide that the Amex Board 

of Governors or its designee may, in its 

discretion, waive, defer, or rebate all or 

any part of the initial listing fee 

applicable to a closed-end fund that 

transfers to Amex from another 

marketplace. The Exchange currently 

has the authority to waive, defer, or 

rebate initial listing fees applicable to 

stocks, bonds, and warrants. To enable 

it to respond to specific competitive 

situations, the Exchange believes it is 

appropriate to have the authority to 

waive, defer, or rebate all or any part of 

the listing fees applicable to closed-end 

funds that transfer to Amex from 

another marketplace. Such authority 

could be exercised only by the Amex 

Board of Governors or its designee. The 

Amex Board of Governors has delegated 

this authority to a staff committee, 

comprised of management 

representatives from the Office of the 

Chairman and the ETF Marketplace, 

Finance and Listing Qualifications 

Departments. In addition, an attorney 

from the Office of the General Counsel 

would provide legal counsel to the 

committee. 

III. Discussion 

After careful consideration, the 

Commission finds that the proposed 

rule change, as amended, is consistent 

with the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.4 In particular, the 

Commission believes that the proposal 

is consistent with Section 6(b)(4) of the 

Act,5 which requires, among other 

things, that the Exchange’s rules provide 

for the equitable allocation of reasonable 

dues, fees, and other charges among 

issuers and other persons using its 

facilities. This proposal gives Amex 

similar authority with respect to listing 

fees for closed-end funds as it already 

possesses with respect to listing fees for 

stocks, bonds, and warrants.6 In 

addition, the Commission notes that it 

54972 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 

7See Securities Exchange Act Release No. 28731 

(January 2, 1991), 56 FR 906 (January 9, 1991) (SR–

NASD–90–61). 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

has previously approved a similar 

proposal by another self-regulatory 

organization.7

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–Amex–2005–

024) be, and it hereby is, approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18550 Filed 9–16–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Policy Statement Number PS–ACE100–

2005–10038] 

Policy on Bonded Joints and 

Structures—Technical Issues and 

Certification Considerations 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of issuance of policy 

statement. 

SUMMARY: This notice announces the 

issuance of a Federal Aviation 

Administration (FAA) policy for 

certification of bonded structures. This 

notice is necessary to advise the public, 

especially manufacturers of normal, and 

acrobatic category airplanes, and 

commuter category airplanes and their 

suppliers, that the FAA has adopted a 

policy on bonded joints and structures. 

DATES: Policy statement PS–ACE100–

2005–10038 was issued by the Manager 

of the Small Airplane Directorate on 

September 2, 2005. 

How to Obtain Copies: A paper copy 

of policy statement may be obtained by 

writing to the following: Small Airplane 

Directorate, Standards Office (ACE–

110), Aircraft Certification Service, 

Federal Aviation Administration, 901 

Locust Street, Room 301, Kansas City, 

MO 64106. The policy statement will 

also be available on the Internet at the 

following address http://www.faa.gov/ 

regulations_policies/. 

FOR FURTHER INFORMATION CONTACT: 

Lester Cheng, Federal Aviation 

Administration, Small Airplane 

Directorate, Regulations & Policy, ACE–

111, 901 Locust Street, Room 301, 

Kansas City, Missouri 64106; telephone: 

(316) 946–4111; fax: 816–4090; e-mail: 

lester.cheng@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We announced the availability of the 

policy statement on May 27, 2005 (70 

FR 30829). We revised the policy in 

response to the comments, and the 

policy has been adopted. 

Issued in Kansas City, Missouri on 

September 12, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–18504 Filed 9–16–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–05–21436] 

Highway Safety Programs; Conforming 

Products List of Screening Devices to 

Measure Alcohol in Bodily Fluids 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice. 

SUMMARY: This Notice amends and 

updates the list of devices that conform 

to the Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

EFFECTIVE DATE: September 19, 2005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

James F. Frank, Office of Research and 

Technology, Behavioral Research 

Division (NTI–131), National Highway 

Traffic Safety Administration, 400 

Seventh Street, SW., Washington, DC 

20590; Telephone: (202) 366–5593. 

SUPPLEMENTARY INFORMATION: On August 

2, 1994, NHTSA published Model 

Specifications for Screening Devices to 

Measure Alcohol in Bodily Fluids (59 

FR 39382). These specifications 

established performance criteria and 

methods for testing alcohol screening 

devices to measure alcohol content. The 

specifications support State laws that 

target youthful offenders (e.g., ‘‘zero 

tolerance’’ laws) and the Department of 

Transportation’s workplace alcohol 

testing program. NHTSA published its 

first Conforming Products List (CPL) for 

screening devices on December 2, 1994 

(59 FR 61923, with corrections on 

December 16, 1994 in 59 FR 65128), 

identifying the devices that meet 

NHTSA’s Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. Five (5) devices 

appeared on that first list. Thereafter, 

NHTSA amended the CPL on August 15, 

1995 (60 FR 42214) and on May 4, 2001 

(66 FR 22639), adding seven (7) devices 

to the CPL in those two (2) actions. 

Since the publication of the last CPL, 

NHTSA has evaluated additional 

devices at the Volpe National 

Transportation Systems Center (VNTSC) 

in Cambridge, Massachusetts, resulting 

in the following changes to the CPL. 

(1) AK Solutions, Inc. of Palisades 

Park, New Jersey submitted seven (7) 

different electronic screening devices 

for testing, all of which use a semiconductor sensor. Their trade names 

are: (a) ‘‘Alcoscan AL–2500’’; (b) 

‘‘AlcoChecker’’; (c) ‘‘AlcoKey’’; (d) 

‘‘AlcoMate’’; (e) ‘‘AlcoMate Pro’’; (f) 

‘‘Alcoscan AL–5000’’; and (g) Alcoscan 

AL–6000. All of these devices meet the 

NHTSA Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

(2) Guth Laboratories, Inc. of 

Harrisburg, Pennsylvania submitted for 

testing the ‘‘Alcotector WAT89EC–1’’

screening device, an electronic device 

that uses a fuel cell sensor and has a 

digital display. This device meets the 

NHTSA Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

(3) Q–3 Innovations, Inc. of 

Independence, Iowa submitted for 

testing the ‘‘Alcohawk Precision,’’ an 

electronic screening device that uses a 

semiconductor sensor and has a digital 

display. This device meets the NHTSA 

Model Specifications for Screening 

Devices to Measure Alcohol in Bodily 

Fluids. 

(4) Q–3 Innovations, Inc. certified that 

it also sells the ‘‘Alcohawk Elite,’’

which is the same technical device as 

the ‘‘Alcohawk Precision,’’ and has 

only cosmetic differences not related to 

the alcohol-measuring capability of the 

device. Hence, the ‘‘Alcohawk Elite’’

will also be listed on the CPL. Q–3 

Innovations, Inc. also sells the 

‘‘Alcohawk ABI’’, which is the same 

device as the ‘‘ABI’’ manufactured by 

Han International Co., Ltd. of Seoul, 

Korea. As the Han ‘‘ABI’’ already 

appears on the CPL, and Han 

International has certified that the 

‘‘Alcohawk ABI’’ is the same device, 

the ‘‘Alcohawk ABI’’ will also be listed 

on the CPL. Finally, Q–3 Innovations 

sells the ‘‘Alcohawk PRO’’, also 

manufactured by Han International. 

This device was previously submitted 

by AK Solutions, Inc. and approved for 

inclusion on the CPL. While Han 

International continues to manufacture 

the device, it is now sold as the 

‘‘Alcohawk PRO’’ by Q–3 Innovations,