68124 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

12For purposes only of accelerating the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

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

13 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, the Exchanged (1) 

clarified who may phone orders into the NSX 

Control Room, (2) defined ‘‘cross’’ and ‘‘meet,’’ and 

(3) made other technical changes.

4 In Amendment No. 2, the Exchange made a 

correction to the rule text.

515 U.S.C. 78s(b)(3)(A)(ii).

617 CFR 240.19b–4(f)(2).

proposed rule change, or such shorter 

time as designated by the Commission.

NASD has requested that the 

Commission waive the five-day prefiling requirement and the 30-day 

operative delay so that the proposed 

rule change will become immediately 

effective upon filing. The Commission 

believes that waiving the five-day prefiling provision and the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest.12 Waiving the pre-filing 

requirement and accelerating the 

operative date will merely permit the 

immediate implementation of changes 

that will allow firms to more efficiently 

discharge their reporting obligations. 

For these reasons, the Commission 

designates the proposed rule change as 

effective and operative immediately.

At any time within 60 days of the 

filing of such 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–NASD–2005–121 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–2005–121. 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, 100 F Street, NE, Washington, DC 

20549. Copies of such filing also will 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 the File 

Number SR–NASD–2005–121 and 

should be submitted on or before 

November 30, 2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.13

Jonathan G. Katz, 

Secretary.

[FR Doc. 05–22335 Filed 11–8–05; 8:45 am]

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52713; File No. SR–NSX–

2005–08] 

Self-Regulatory Organizations; 

National Stock Exchange; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change and 

Amendments No. 1 and 2 Thereto 

Relating to Manual Processing Fee 

November 1, 2005. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on 

September 28, 2005, National Stock 

ExchangeSM (‘‘Exchange’’ or ‘‘NSXSM’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change, as described in 

Items I, II, and III below, which Items 

have been prepared by the Exchange. 

On October 21, 2005, the Exchange filed 

Amendment No. 1 to the proposed rule 

change.3 On October 31, 2005, the 

Exchange filed Amendment No. 2 to the 

proposed rule change.4 The Exchange 

filed the proposed rule change pursuant 

Section 19(b)(3)(A)(ii) of the Act 5 and 

Rule 19b–4(f)(2) 6 thereunder, which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change, as amended, from interested 

persons.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NSX proposes to amend its manual 

processing fee for crosses and meets 

phoned into the NSX Control Room and 

the book fees charged to its Designated 

Dealers. 

The text of the proposed rule change 

is reproduced below. Additions are 

indicated by italics. Deletions are 

contained within the brackets. 

RULES OF NATIONAL STOCK 

EXCHANGE

* * * * *

CHAPTER XI 

Trading Rules

* * * * *

Rule 11.10 National Securities Trading 

System Fees 

A. Trading Fees 

(a)–(d) No change. 

(e) Crosses and Meets 

(1)–(3) No change. 

(4) Users executing crosses and meets 

in Tape A, B or C securities through the 

Exchange’s System Supervisory Center 

shall be charged [$15 per contra-party] 

$.0025 per share, up to a maximum of 

$75 per side of transaction. This 

transaction fee shall be in lieu of any 

transaction fee otherwise applicable 

under Paragraphs (A)(e)(1) through 

(A)(e)(3) above. 

(f)–(l) No change. 

(m) DD Issue/Book Fees. Designated 

Dealers will be charged a monthly book 

fee based on the following incremental 

schedule:

Number of issues Fee per 

issue 

0 to 150 ........................................ $30.00 

151 to 300 .................................... 20.00 

301 to 500 .................................... 15.00 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68125

7Orders may be phoned into the NSX Control 

Room (or the Exchange’s Systems Supervisory 

Center) by ‘‘Users.’’ ‘‘Users’’ are defined in NSX 

Rule 11.9(a)(7) as ‘‘a Member of the Exchange or an 

Approved Dealer. Access Participant Members are 

considered to be Users in their limited capacity of 

executing transactions through the facilities of a 

Proprietary Member.’’

8A ‘‘cross’’ is a transaction in which one Member 

represents both the buyer and the seller of a 

security. A ‘‘meet’’ is a transaction in which a 

Member represents the buyer or seller of a security 

and other Members represent the contra parties.

9 15 U.S.C. 78f(b).

10 15 U.S.C. 78f(b)(4).

11 15 U.S.C. 78f(b)(5).

12 15 U.S.C. 78s(b)(3)(A)(ii).

13 17 CFR 240.19b–4(f)(2).

14For purposes of calculating the 60-day period 

within which the Commission may summarily 

abrogate the proposed rule change under Section 

19(b)(3)(C) of the Act, the Commission considers 

that period to commence on October 31, 2005, the 

date the Exchange filed Amendment No. 2 to the 

proposed rule change. See 15 U.S.C. 78s(b)(3)(C).

Number of issues Fee per 

issue 

501 and higher ............................. 2.00 

Notwithstanding the above, any 

Designated Dealer that has been 

approved as a designated dealer in 

excess of 500 issues will be charged a 

monthly book fee based on the number 

of issues it traded for the prior month.

* * * * *

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Currently, orders can be entered on 

the Exchange either via an electronic 

connection or by phoning the NSX 

Control Room.7 For orders phoned into 

the NSX Control Room, NSX currently 

charges a manual processing fee of $15 

per contra-party, with a cap of $75 per 

side, on every cross or meet.8 The 

Exchange has been billing on a per 

contra basis because the number of 

contra-parties determines the time it 

takes to process a trade and the cost of 

the trade. The Exchange’s member 

firms, however, are more accustomed to 

being billed on a per share basis and 

have asked the Exchange to consider 

billing on such basis to keep firm billing 

in line with all of the other business 

lines. The Exchange believes that the 

implementation of this manual 

processing fee on a per share basis is 

reasonable and ensures that each NSX 

member pays an equitable share of the 

costs associated with operating the 

Exchange.

With respect to the book fee, the 

Exchange currently charges a monthly 

fee for the number of registered issues 

for each Designated Dealer. Some firms 

are beginning to change their business 

models to solicit fewer, larger size 

orders across a significant number of 

securities. This new model requires the 

firms to be registered in a significant 

number of securities to attract order 

flow even though they may not receive 

order flow for some time. The Exchange 

believes that the proposed change 

would initially reduce the cost to these 

firms while they are expanding their 

coverage of securities by charging the 

per issue fee based upon the issues that 

are traded for any Designated Dealer 

that has registered in excess of 500 

issues. The Exchange believes that the 

implementation of this proposed fee 

would encourage Designated Dealers to 

trade more issues and be charged on the 

basis of what they actually traded. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,9 in general, and 

Section 6(b)(4),10 in particular, in that it 

is designed to provide an equitable 

allocation of reasonable dues, fees, and 

other charges. The Exchange believes 

that the proposed change is also 

consistent with Section 6(b)(5) of the 

Act 11 in that it is designed to 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. Further, the Exchange 

believes that the proposed change 

would create incentives for NSX 

members to electronically connect to the 

Exchange’s trading system, thereby 

increasing efficiency and competition, 

which, in turn, would enhance the 

national market system.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change would impose 

any inappropriate burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received in connection with the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change, as 

amended, has become effective pursuant 

to Section 19(b)(3)(A)(ii) of the Act 12

and Rule 19b–4(f)(2)13 thereunder, 

because it involves a member due, fee, 

or other charge. At any time within sixty 

(60) days of the filing of such 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.14

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–NSX–2005–08 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 

No. SR–NSX–2005–08. This file number 

should be included in the subject line 

if e-mail is used. To help the 

Commission process and review 

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 

68126 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

15 17 CFR 200.30–3(a)(12).

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 filings will 

also be available for inspection and 

copying at the principal office of the 

Exchange. 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–NSX–

2005–08 and should be submitted on or 

before November 30, 2005.

For the Commission by the Division of 

Market Regulation, pursuant to the delegated 

authority.15

Jonathan G. Katz, 

Secretary.

[FR Doc. 05–22294 Filed 11–8–05; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

[Docket No. OST–2005–22902] 

Notice of Request for Extension of 

Currenlty Approved Information 

Collection

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35, as amended) this 

notice announces the Department of 

Transportation’s (DOT) intention to 

request an extension without change for 

a currently approved information 

collection.

DATES: Comments on this notice must be 

received by January 9, 2006.

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means, identified by DOT 

DMS Docket Number OST–2005–22902:

(1) By mail to the Docket Management 

Facility, U.S. Department of 

Transportation, Room PL–401, 400 

Seventh Street, SW., Washington, 

DC 20590–0001. [It is important to 

note that because of current security 

procedures affecting the U.S. Mail, 

other means (e.g., FedEx, UPS) may 

be faster]; 

(2) By delivery to room PL–401 on the 

Plaza Level of the Nassif Building, 

400 Seventh Street, SW., 

Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

(3) By fax to the Docket Management 

Facility at (202) 493–2551; or 

(4) By electronic means through the web 

site for the Docket Management 

System at: http://dms.dot.gov.

The Docket Management Facility 

maintains the public docket for this 

rulemaking. Comments to the docket 

will be available for inspection or 

copying at room PL–401 on the Plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The public may also review docketed 

comments electronically at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. 

Cynthia A. Roscoe, Committee 

Management Officer, Executive 

Secretariat, Office of the Secretary, 

Department of Transportation, at the 

address listed above. Telephone: (202) 

366–9764.

SUPLEMENTARY INFORMATION: 

Title: Advisory Committee Candidate 

Biographical Information Request, DOT 

F1120.1. 

OMB Control Number: 2105–0009. 

Type of Request: Extension without 

change for a currently approved 

information collection. 

Abstract: The collection of 

information obtained by the Advisory 

Committee Candidate Biographical 

Information Request form enables 

Department officials to review the 

qualifications of individuals who wish 

to serve on Department-sponsored 

advisory committees and the 

qualifications of persons who have been 

recommended to serve. The collection 

provides uniform data for each 

individual and enables DOT to comply 

with the Federal Advisory Committee 

Act (Pub. L. 92–463) (5 U.S.C. App.) 

which requires that advisory committee 

membership be balanced. 

A number of DOT’s advisory 

committees were created by statute and 

have statutory requirements for 

education, experience, or expertise. The 

data collection enables DOT to comply 

with such membership requirements, by 

providing information form which 

officials may determine which 

individuals meet specific qualification 

standards for particular advisory 

committees and for particular positions 

within a committee. In fact, some 

statutory committees require very 

narrow and specific expertise for each 

position on the committee, which can 

be ascertained by reviewing the 

Advisory Committee Candidate 

Biographical Request form. 

Finally, the data collection allows 

officials to retain a file of interested 

applicants. As vacancies occur on 

specific advisory committees, the 

applications and qualifications can be 

reviewed for possible placement.

In the absence of the data collection, 

officials would have to contact by 

telephone or by letter each person who 

expressed an interest or who was 

recommended for an advisory 

committee position to determine his/her 

interest, education, experience, or 

expertise. This would be a more timeconsuming and costly data collection 

effort which would have to be repeated 

if the individual were to be considered 

at a later time for vacancies on other 

advisory committees. 

Respondents: Individuals who have 

contacted DOT to indicate interest in 

appointment to an advisory committee 

and individuals who have been 

recommended for membership on an 

advisory committee. Only one collection 

is expected per individual. 

Estimated Number of Respondents 

per year: 100. 

Total Burden: 35 hours. 

This information collection is 

available for inspection at the Office of 

the Executive Secretariat, Room 10205, 

Office of the Secretary, DOT, at the 

above address. 

Comments are invited on: (a) Whether 

the continued collection of the 

information is necessary for the proper 

performance of the functions of the 

Department, (b) the accuracy of the 

Department’s estimate of the burden of 

the current information collection, (c) 

ways to enhance the quality, utility, and 

clarity of the information collection, (c) 

ways to enhance the quality, utility, and 

clarity of the information being 

collected and (d) ways to minimize the 

burden of the collection techniques or 

other forms of information technology. 

All responses to this notice will be 

summarized an included in the request 

for OMB approval. All comments will 

also become a matter of public record.