57640 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

(August 17, 2005), 70 FR 49347 (August 23, 2005) 

(SR–NASD–2005–096). 

5 15 U.S.C. 78o–3. 

6 15 U.S.C. 78o–3(b)(5). 7 17 CFR 200.30–3(a)(12). 

fund families would be permitted to 

aggregate shares outstanding across 

markets for the purposes of calculating 

the annual fee, Nasdaq believes that 

matching fee schedules would minimize 

problems that could arise if fund 

families listing funds on both the 

National Market and SmallCap Market 

were subject to conflicting fee 

schedules. Although an individual fund 

listing on the SmallCap Market with 

over 25 million total shares outstanding 

would be subject to an increase in 

annual fees under the proposed rules, 

Nasdaq believes the benefits of 

substantially lower entry fees and the 

ability of fund families to aggregate 

shares across markets outweigh the 

burden to funds of the limited fee 

increase. 

Finally, in many cases where multiple 

funds are listed, the new fee schedule 

would lower fees payable by Closed-End 

Funds, thereby benefiting the fund 

investors that ultimately pay those 

expenses by reducing the costs 

associated with listing fund shares. In 

addition, Nasdaq believes that 

establishing lower fees for fund families 

would permit Nasdaq to compete more 

effectively for listings with other 

markets. 

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 15A of the Act,5 in 

general, and with Section 15A(b)(5) of 

the Act,6 in particular, in that it 

provides for the equitable allocation of 

reasonable fees, dues, and other charges 

among members and issuers and other 

persons using any facility or system 

which the NASD operates or controls. 

The proposed change to the entry and 

annual fees will apply equally to all 

Closed-End Funds listing on The 

Nasdaq SmallCap Market. Furthermore, 

Nasdaq believes that the proposed fees 

are reasonable and fall within the range 

of fees charged by other markets. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

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 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding, or 

(ii) as to which the NYSE consents, the 

Commission will: 

A. By order approve such proposed 

rule change; or 

B. institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASD–2005–106 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–9303. 

All submissions should refer to File 

Number SR–NASD–2005–106. 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 Nasdaq. 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 publicly available. All 

submissions should refer to File 

Number SR–NASD–2005–106 and 

should be submitted on or before 

October 24, 2005.7

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.7

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–5354 Filed 9–30–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 5198] 

60-Day Notice of Proposed Information 

Collection: Form DS–86, Statement of 

Non-Receipt of a Passport, OMB 

Control Number 1405–0146 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Statement of Non-Receipt of A Passport 

• OMB Control Number: 1405–0146 

• Type of Request: Extension of the 

currently approved collection 

• Originating Office: Bureau of 

Consular Affairs, Department of State, 

Passport Services, Office of Field 

Operations, Field Coordination 

Division. CA/PPT/FO/FC. 

• Form Number: DS–86 

• Respondents: Individuals or 

Households 

• Estimated Number of Respondents: 

23,500 

• Estimated Number of Responses: 

23,500 

• Average Hours Per Response: 1/12 

hr. (5 min.) 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57641 

• Total Estimated Burden: 2,000 

hours annually 

• Frequency: On occasion 

• Obligation to Respond: Required to 

Obtain a Benefit 

DATES: The Department will accept 

comments from the public up to 60 days 

from December 2, 2005. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Cowlishawsc@state.gov. 

You must include the DS form number 

(if applicable), information collection 

title, and OMB control number in the 

subject line of your message. 

• Mail (paper, disk, or CD-ROM 

submissions): Susan Cowlishaw, U.S. 

Department Of State, CA/PPT/FO/FC. 

2100 Pennsylvania Avenue, NW., 3rd 

Floor/Room 3040/SA–29, Washington, 

DC 20037. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Susan Cowlishaw, U.S. Department Of 

State, CA/PPT/FO/FC. 2100 

Pennsylvania Avenue, NW., 3rd Floor/ 

Room 3040/SA–29, Washington, DC 

20037, who may be reached on 

202.261.8957 or Cowlishawsc@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of proposed collection: 

The Statement of Non-Receipt of A 

Passport, Form DS–86, is used by the 

U.S. Department of State to collect 

information for the purpose of issuing a 

replacement passport to customers who 

have not received the passport for 

which they originally applied. 

The information is used by the 

Department of State to ensure that no 

person shall bear more than one valid or 

potentially valid U.S. passport at any 

one time, except as authorized by the 

Department, and also aids in combating 

passport fraud and misuse. 

Methodology: 

Passport applicants who do not 

receive their passports are required to 

complete a Statement of Non-Receipt of 

A Passport, Form DS–86. Passport 

applicants can either download the form 

from the Internet or pick one up from 

an Acceptance Facility/Passport 

Agency. The form must be completed 

and signed. The form is then submitted 

to the Acceptance Facility/Passport 

Agency for passport re-issuance. 

Dated: September 16, 2005. 

Frank Moss, 

Deputy Assistant Secretary for Passport 

Services, Bureau of Consular Affairs, 

Department of State. 

[FR Doc. 05–19748 Filed 9–30–05; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending September 9, 

2005 

The following Agreements were filed 

with the Department of Transportation 

under the sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: OST–2005–22408. 

Date Filed: September 7, 2005. 

Parties: Members of the International 

Air Transport Association. 

Subject: Geneva, 4–8 July 2005, TC2 

Europe Middle-East Resolutions, r1–r22. 

Minutes: TC2 Within Middle East, 

Europe-Middle East (Memo 0208). 

Tables: TC2 Europe-Middle East 

specified fare table (Memo 0104). 

Intended effective date: 1 January 

2006. 

Docket Number: OST–2005–22412. 

Date Filed: September 7, 2005. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC2 Within Middle East, 

(Memo 0147), r1–r15 

Minutes: TC2 Within Middle East, 

Geneva, 4–8 July 2005, (Memo 0150). 

Tables: Geneva, 4–8 July 2005, TC2 

Within Middle East (Memo 0054). 

Technical Correction: Geneva, 4–8 

July 2005, TC2 within Middle East, 

(Memo 0055). 

Intended effective date: 1 January 

2006. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. 05–19701 Filed 9–30–05; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending September 9, 

2005 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: OST–1999–5846. 

Date Filed: September 8, 2005. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: September 29, 2005. 

Description: Supplement No. 3 of 

United Air Lines, Inc. to its pending 

application for renewal and amendment 

of its experimental certificate of public 

convenience and necessity for Route 

566 (U.S.-Mexico) to include authority 

to carry persons, property and mail in 

foreign air transportation between 

Denver and Cozumel and between 

Chicago and San Jose del Cabo as well 

as authority to integrate this service 

with other services it is authorized to 

provide by exemptions and certificates 

of public convenience and necessity, 

pursuant to the Department’s Notice 

dated August 23, 2005, In the Matter of 

Streamlining Regulatory Procedures for 

Licensing U.S. and Foreign Air Carriers. 

Docket Number: OST–2005–22228, 

OST–2005–22433, OST–2005–22434, 

and OST–2005–22435. 

Date Filed: September 9, 2005. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: September 30, 2005. 

Description: Application of Hawaiian 

Airlines, Inc. requesting certificate 

authority from the United States to 

Australia and Mexico, and related 

integration authority as provided in the