Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 61163 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 In Amendment No. 1, Nasdaq made 

typographical corrections to the rule text and a 

correction to the stated purpose of the proposed 

rule change. 

4See Securities Exchange Act Release No. 52385 

(September 7, 2005), 70 FR 54096. 

5 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

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

6 15 U.S.C. 78o–3. 

7 15 U.S.C. 78o–3(b)(6). 

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

9 17 CFR 200.30–3(a)(12). 

changes a due, fee, or other charge 

imposed by the Exchange. 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. 

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–CHX–2005–24 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

Number SR–CHX–2005–24. 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 CHX. 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–CHX–2005–24 and should 

be submitted on or before November 10, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–5786 Filed 10–19–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52603; File No. SR–NASD–

2005–082] 

Self-Regulatory Organizations; 

National Association of Securities 

Dealers, Inc.; Order Approving 

Proposed Rule Change and 

Amendment No. 1 Thereto To Clarify 

the Listing Standards Applicable to 

Companies in Bankruptcy Proceedings 

October 13, 2005. 

On June 22, 2005, the National 

Association of Securities Dealers, Inc. 

(‘‘NASD’’), through its subsidiary, The 

Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to clarify the listing standards 

applicable to companies in bankruptcy 

proceedings. On August 23, 2005, 

Nasdaq filed Amendment No. 1 to the 

proposed rule change.3 The proposed 

rule change was published for comment 

in the Federal Register on September 

13, 2005.4 The Commission received no 

comments on the proposal. This order 

approves the proposed rule change. 

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 association,5 the requirements 

of Section 15A of the Act,6 in general, 

and Section 15A(b)(6) of the Act,7 in 

particular, which requires, among other 

things, that NASD’s rules be designed to 

prevent fraudulent and manipulative 

acts and practices, 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. The Commission 

believes the proposed rule change may 

remove ambiguity surrounding the 

standards applicable to companies 

involved in bankruptcy proceedings and 

may require such companies to meet 

heightened initial inclusion standards 

upon emerging from bankruptcy, 

thereby protecting investors and the 

public interest. 

It is therefore ordered, pursuant to 

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

proposed rule change (SR–NASD–2005–

082), as amended, is approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–5787 Filed 10–19–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Under OMB Review, Request for 

Comments; Renewal of an Approved 

Information Collection Activity, 

Procedures for Non-Federal Navigation 

Facilities 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The information kept is used 

by the FAA as proof that non-Federal 

navigation facilities are maintained 

within certain specified tolerances. 

DATES: Please submit comments by 

November 21, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Street on (202) 267–9895. 

SUPPLEMENTARY INFORMATION:

Federal Aviation Administration 

(FAA). 

Title: Procedures for Non-Federal 

Navigation Facilities. 

Type of Request: Renewal of an 

approved collection. 

OMB Control Number: 2120–0014. 

Forms(s): None. 

Affected Public: A total of 2413 

navigation facility operators. 

61164 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 

Frequency: The information is 

conducted on an as-needed basis. 

Estimated Average Burden Per 

Response: Approximately 14 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 33,116 hours annually. 

Abstract: The non-Federal navigation 

facilities are electrical/electronic aids to 

air navigation which are purchased, 

installed, operated, and maintained by 

an entity other than the FAA and are 

available for use by the flying public. 

These aids may be located at unattended 

remote sites or airport terminals. The 

information kept is used by the FAA as 

proof that the facility is maintained 

within certain specified tolerances. 

ADDRESSES: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention FAA 

Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimates of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility and clarity of the information to 

be collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued in Washington, DC, on October 14, 

2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–21001 Filed 10–19–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Under OMB Review, Request for 

Comments; Renewal of an Approved 

Information Collection Activity, Use of 

Certain Personal Oxygen Concentrator 

(POC) Devices on Board Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) renewal of a current information 

collection. The rule requires passengers 

who intend to use an approved POC to 

present a physician statement before 

boarding. The flight crew must then 

inform the pilot-in-command that a POC 

is on board. 

DATES: Please submit comments by 

November 21, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Street on (202) 267–9895. 

SUPPLEMENTARY INFORMATION: Federal 

Aviation Administration (FAA) 

Title: Use of Certain Personal Oxygen 

Concentrator (POC) Devices on Board 

Aircraft. 

Type of Request: Renewal of an 

approved collection. 

OMB Control Number: 2120–0702. 

Forms(s): None. 

Affected Public: A total of 1,735,000 

airline passengers and personnel. 

Frequency: The information is 

conducted on an as-needed basis. 

Estimated Average Burden Per 

Response: Approximately 0.1 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 172,694 hours annually. 

Abstract: The rule requires passengers 

who intend to use an approved POC to 

present a physician statement before 

boarding. The flight crew must then 

inform the pilot-in-command that a POC 

is on board. 

ADDRESSES: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention FAA 

Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimates of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility and clarity of the information to 

be collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued in Washington, DC, on October 14, 

2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–21003 Filed 10–19–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Availability of Record of 

Decision (ROD) for the Final 

Environmental Impact Statement, 

Washington Dulles International 

Airport, Chantilly, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of record of decision. 

SUMMARY: The Federal Aviation 

Administration (FAA) is issuing this 

notice to advise the public that it has 

issued a Record of Decision (ROD) for 

the Final Environmental Impact 

Statement (FEIS) that evaluated 

proposed New Runways and Associated 

Development at Washington Dulles 

International Airport, Chantilly, VA. 

SUPPLEMENTARY INFORMATION: The 

Federal Aviation Administration (FAA) 

has completed and issued its Record of 

Decision (ROD) for proposed New 

Runways and Associated Development 

at Washington Dulles International 

Airport, Chantilly, VA. FAA had 

published its Final Environmental 

Impact Statement (FEIS) containing a 

Final Air Quality General Conformity 

Determination (FGCD), (Preliminary) 

Final Section 106 Historic Resources 

Report and a Virginia Coastal Zone 

Consistency Determination on August 

11, 2005. The U.S. Army Corps of 

Engineers (USACE) was a cooperating 

Federal agency, having jurisdiction by 

law because the proposed project has 

the potential for significant wetland 

impacts. 

The FEIS presented the purpose and 

need for the proposed project, a 

comprehensive analysis of the 

alternatives to the proposed project, 

including the No-Action Alternative and 

potential environmental impacts 

associated with the proposed 

development of two new air carrier 

runways and related improvements at 

IAD. The FEIS also identified the FAA’s 

Preferred Alternative (Build Alternative 

3) and described the proposed 

Mitigation Program for the Preferred 

Alternative that will be implemented by 

the Metropolitan Washington Airports 

Authority (MWAA) to off-set 

unavoidable environmental impacts. 

In accordance with section 176(c) of 

the Federal Clean Air Act, FAA has 

assessed whether the air emissions that 

would result from FAA’s action in 

approving the proposed projects 

conform to the State Implementation 

Plan (SIP). The results of this 

assessment indicated that the Preferred 

Alternative has demonstrated