Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 67527 

10Pace Letter. 

11 Id. 

12 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

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

13 15 U.S.C. 78o–3. 

14 15 U.S.C. 78o–3(b)(6). 

15 Id. 

approved. These cross references 

pertain to disclosures mediators are 

required to make in connection with 

interests, relationships, or 

circumstances which might influence 

their objectivity and impartiality. 

C. Comment Summary 

The Commission received one 

comment letter on the proposed 

Mediation Code, in which the Pace 

Investor Rights Project endorsed the 

proposed rule change because it 

preserves the existing NASD mediation 

system, while allowing individual 

investors to better understand the 

mediation rules through plain English.10

Pace generally supports the mediation 

of securities disputes and cites Professor 

Jill Gross for her conclusion in a 

forthcoming article that mediation is fair 

to the individual investor because it 

maximizes party control over the 

process and offers procedural justice at 

relatively low cost, among other 

things.11

III. Discussion and Findings 

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 

association 12 and, in particular, the 

requirements of Section 15A of the 

Act 13 and the rules and regulations 

thereunder. The Commission finds that 

the proposed rule change, as amended, 

is consistent with Section 15A(b)(6) of 

the Act,14 which requires, among other 

things, that the rules of an association 

be designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, and, in general, to protect 

investors and the public interest.15 The 

Commission believes that proposed rule 

change, as amended, accomplishes these 

goals by improving the readability, 

accessibility, and therefore usability of 

procedures that establish an alternative, 

voluntary, and potentially low-cost 

forum for dispute resolution in the 

securities industry. 

The Commission believes that there is 

good cause for approving Amendment 

No. 3 prior to the 30th day after 

publication in the Federal Register. The 

proposed rule change and Amendments 

Nos. 1 and 2 thereto previously have 

been published for comment and have 

been available on NASD’s Web site 

since their filing with the Commission. 

Amendment No. 3 proposes nonsubstantive, technical changes to the 

proposed rule change, consistent with 

the current Code, in order to facilitate 

approval of the proposed Mediation 

Code. Accelerated approval of 

Amendment No. 3 will allow parties to 

more quickly utilize the reorganized and 

revised Mediation Code. Based on the 

above, the Commission finds good 

cause, consistent with Section 15A(b)(6) 

and Section 19(b)(2) of the Act, for 

approving Amendment No. 3 prior to 

the 30th day after the date of 

publication of notice of filing thereof in 

the Federal Register. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning Amendment No. 

3, including whether it 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–2004–013 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–NASD–2004–013. The 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 

Section, 100 F Street, NE., Washington, 

DC 20549. Copies of such filing will also 

be available for inspection and copying 

at the principal office of NASD. 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 SR–2004–

013 and should be submitted on or 

before November 28, 2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority, 17 CFR 200.30–3(a)(12). 

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–6140 Filed 11–4–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Wisconsin District Advisory Council; 

Public Meeting 

The U.S. Small Business 

Administration Wisconsin District 

Advisory Council will be hosting a 

meeting on Tuesday, November 15, 

2005, to discuss such matters that may 

be presented by members, and staff of 

the U.S. Small Business Administration, 

or others present. The meeting will be 

held at the U.S. Small Business 

Administration, Wisconsin District—

Milwaukee, 310 West Wisconsin 

Avenue, Suite 400, Milwaukee, 

Wisconsin. 

Anyone wishing to attend must 

contact Cindy Merrigan in writing or by 

fax. Cindy Merrigan, U.S. Small 

Business Administration, 740 Regent 

Street, Suite 100, Madison, Wisconsin 

53715, phone (608) 441–5560, fax (202) 

481–0815, e-mail: 

cindy.merrigan@sba.gov. 

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 05–22086 Filed 11–4–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Under OMB Review, Request for 

Comments; Renewal of an Approved 

Information Collection Activity, 

Exemptions for Air Taxi and Commuter 

Air Carrier Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

67528 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 

SUMMARY: 14 CFR part 298 requires air 

carrier operators to obtain a certificate of 

public convenience and necessity from 

the DOT, with the exception of air taxi 

and commuter air operators. In order to 

be exempted from this requirement, 

such operators must apply for 

exemption with the DOT. This 

collection is used to ensure that affected 

companies comply with the 

requirements under this regulation. 

DATES: Please submit comments by 

December 7, 2005. 

ADDRESSES: Judy Street on (202) 267–

9895. 

FOR FURTHER INFORMATION CONTACT: 

Federal Aviation Administration (FAA) 

Title: Exemptions for Air Taxi and 

Commuter Air Carrier Operations. 

Type of Request: Renewal of an 

approved collection. 

OMB Control Number: 2120–0633. 

Forms(s): OST Form 4507. 

Affected Public: A total of 2,040 air 

taxi and commuter operators. 

Frequency: The information is 

conducted on an as-needed basis. 

Estimated Average Burden Per 

Response: Approximately 0.5 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 1,026 hours annually. 

Abstract: 14 CFR Part 298 requires air 

carrier operators to obtain a certificate of 

public convenience and necessity from 

the DOT, with the exception of air taxi 

and commuter air operators. In order to 

be exempt from this requirement, such 

operators must apply for exemption 

with the DOT. This collection is used to 

ensure that affected companies comply 

with the requirements under this 

regulation. 

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 28, 

2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–22080 Filed 11–4–05; 8:45 am] 

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, 

Antidrug and Alcohol Misuse 

Prevention Programs for Personnel 

Engaged in Specified Aviation 

Activities 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: 14 CFR part 121, Appendices 

I and J, require specified aviation 

employers to implement FAA-approved 

antidrug and alcohol misuse prevention 

programs and conduct testing of safetysensitive employees. To monitor 

compliance, institute program 

improvements, and anticipate program 

problem areas, the FAA receives report 

from the aviation industry. 

DATES: Please submit comments by 

December 7, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Street on (202) 267–9895. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Antidrug and Alcohol Misuse 

Prevention Programs for Personnel 

Engaged in Specified Aviation 

Activities. 

Type of Request: Renewal of an 

approved collection. 

OB Control Number: 2120–0535. 

Forms(s): None. 

Affected Public: A total of 6,602 air 

carriers. 

Frequency: The information is 

conducted on an as-needed basis. 

Estimated Average Burden Per 

Response: Approximately 3.5 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 22,768 hours annually. 

Abstract: 14 CFR Part 121, 

Appendices I and J, require specified 

aviation employers to implement FAAapproved antidrug and alcohol misuse 

prevention programs and conduct 

testing of safety-sensitive employees. To 

monitor compliance, institute program 

improvements, and anticipate program 

problem areas, the FAA receives reports 

from the aviation industry. 

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 

collections; 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. 

Dated: Issued in Washington, DC, on 

October 28, 2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–22081 Filed 11–4–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2005–61] 

Petitions for Exemption; Summary of 

Petitions Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition exemption 

received. 

SUMMARY: Pursuant to FAA’s rulemaking 

provisions governing the application, 

processing, and disposition of petitions 

for exemption, part 11 of Title 14, Code 

of Federal Regulations (14 CFR), this 

notice contains a summary of a certain 

petition seeking relief from specified 

requirements of 14 CFR. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, this 

aspect of FAA’s regulatory activities. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of any petition or its final 

disposition. 

DATES: Comments on petitions received 

must identify the petition docket 

number involved and must be received 

on or before November 17, 2005.