Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Notices 68505 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 52523 

(September 28, 2005), 70 FR 57918. 

4 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

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

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

6 15 U.S.C. 78f(b)(1) and 78f(b)(6). 

7 15 U.S.C. 78f(b)(7) and 78f(d)(1). 

8 17 CFR 240.19d–1(c)(2). 

9 15 U.S.C. 78s(b)(2). 

10 17 CFR 240.19d–1(c)(2). 

11 17 CFR 200.30–3(a)(12); 17 CFR 200.30–

3(a)(44). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52732; File No. SR–PCX–

2005–98] 

Self-Regulatory Organizations; Pacific 

Exchange, Inc.; Order Approving 

Proposed Rule Change and 

Amendment No. 1 Thereto to Amend 

the Minor Rule Plan and 

Recommended Fine Schedule in 

Connection with Rules Regarding 

Principal Orders, Principal Acting as 

Agent Orders, and Limitations on 

Principal Order Access 

November 3, 2005. 

On August 16, 2005, the Pacific 

Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) 

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 amend its Minor Rule Plan 

(‘‘MRP’’) and Recommended Fine 

Schedule under PCX Rule 10.12 with 

respect to provisions of the PCX Options 

Linkage program (‘‘Linkage’’) that relate 

to Principal Orders (‘‘P Orders’’), 

Principal Acting as Agent Orders (‘‘P/A 

Orders’’), and Limitations on Principal 

Order Access (collectively, ‘‘Linkage 

Rules’’). On September 27, 2005, PCX 

filed Amendment No. 1 to the proposed 

rule change. The proposed rule change, 

as amended, was published for 

comment in the Federal Register on 

October 4, 2005.3 The Commission 

received no comments regarding the 

proposal. 

The Commission finds that the 

proposed rule change 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)(5) of the 

Act,5 because a rule that is reasonably 

designed to require Exchange members 

to comply with its Linkage Rules should 

help protect investors and the public 

interest. The Commission also believes 

that handling violations of Linkage 

Rules pursuant to the MRP is consistent 

with sections 6(b)(1) and 6(b)(6) of the 

Act,6 which require that the rules of an 

exchange enforce compliance with, and 

provide appropriate discipline for, 

violations of Commission and Exchange 

rules. In addition, because existing PCX 

Rule 10.12 provides procedural rights to 

a person fined under the MRP to contest 

the fine and permits a hearing on the 

matter, the Commission believes the 

MRP, as amended by this proposal, 

provides a fair procedure for the 

disciplining of members and persons 

associated with members, consistent 

with sections 6(b)(7) and 6(d)(1) of the 

Act.7

Finally, the Commission finds that the 

proposal is consistent with the public 

interest, the protection of investors, or 

otherwise in furtherance of the purposes 

of the Act, as required by Rule 19d–

1(c)(2) under the Act 8 which governs 

minor rule violation plans. The 

Commission believes that the proposed 

change to the MRP will strengthen the 

Exchange’s ability to carry out its 

oversight and enforcement 

responsibilities as a self-regulatory 

organization in cases where full 

disciplinary proceedings are unsuitable 

in view of the minor nature of the 

particular violation. 

In approving this proposed rule 

change, the Commission in no way 

minimizes the importance of 

compliance with PCX rules and all other 

rules subject to the imposition of fines 

under the MRP. The Commission 

believes that the violation of any selfregulatory organization’s rules, as well 

as Commission rules, is a serious matter. 

However, the MRP provides a 

reasonable means of addressing rule 

violations that do not rise to the level of 

requiring formal disciplinary 

proceedings, while providing greater 

flexibility in handling certain violations. 

The Commission expects that PCX will 

continue to conduct surveillance with 

due diligence and make a determination 

based on its findings, on a case-by-case 

basis, whether a fine of more or less 

than the recommended amount is 

appropriate for a violation under the 

MRP or whether a violation requires 

formal disciplinary action under PCX 

Rules 10.4 and 10.12(f). 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act 9 and Rule 

19d–1(c)(2) under the Act,10 that the 

proposed rule change (SR–PCX–2005–

98), as amended, be, and hereby is, 

approved and declared effective. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–22452 Filed 11–9–05; 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, New 

Final rule Certification of Repair 

Stations, Part 145 of Title 14, CFR 

Compliance of 145.163 

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 Federal Register Notices 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on July 27, 

2005, vol. 70, #143, pages 43502–43503. 

Information is collected from applicants 

who wish to obtain repair station 

certification. Applicants must submit 

FAA form 8310–3 to the appropriate 

FAA flight standards district office for 

review. When all the requirements have 

been met, and air agency certificate and 

repair station operations specifications 

with appropriate rating and limitations 

are issued. 

DATES: Please submit comments by 

December 12, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Street on (202) 267–9895. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: New Final rule Certification of 

Repair Stations, Part 145 of Title 14, 

CFR Compliance of 145.163. 

Type of Request: Renewal of an 

approved collection. 

OMB Control Number: 2120–0682. 

Forms(s): FAA Form 8310–3. 

Affected Public: A total of 4,625 

Respondents. 

Frequency: The information is 

conducted on an as-needed basis. 

Estimated Average Burden Per 

Response: Approximately 22 hours per 

response. 

68506 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Notices 

Estimated Annual Burden Hours: An 

estimated 185,000 hours annually. 

Abstract: Information is collected 

from applicants who wish to obtain 

repair station certification. Applicants 

must submit FAA form 8310–3 to the 

appropriate FAA flight standards 

district office for review. If the 

application is satisfactory, an onsite 

inspection is conducted. When all the 

requirements have been met, and air 

agency certificate and repair station 

operations specifications with 

appropriate rating and limitations are 

issued. 

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 November 4, 

2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–22402 Filed 11–9–05; 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, 

Aviation Medical Examiner Program 

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 Federal Register Notices 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on July 27, 

2005, vol. 70, #143, pages 43502–43503. 

This collection of information is 

necessary in order to determine 

applicants’ professional and personal 

qualifications for certification as an 

Aviation Medical Examiner (AME). The 

information is used to develop the AME 

directories used by airmen who must 

undergo periodic examinations by 

AMEs. 

DATES: Please submit comments by 

December 12, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Street on (202) 267–9895. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Aviation Medical Examiner 

Designation Program. 

Type of Request: Renewal of an 

approved collection. 

OMB Control Number: 2120–0604. 

Forms(s): None. 

Affected Public: A total of 450 

Aviation Medical Examiners. 

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 225 hours annually. 

Abstract: This collection of 

information is necessary in order to 

determine applicants’ professional and 

personal qualifications for certification 

as an Aviation Medical Examiner. The 

information is used to develop the AME 

directories used by airmen who must 

undergo periodic examinations by 

AMEs. 

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 November 4, 

2005. 

Judith D. Street, 

FAA Information Collection Clearance 

Officer, Information systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 05–22403 Filed 11–9–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Receipt of Noise Compatibility 

Program and Request for Review; Vero 

Beach Municipal Airport, Vero Beach, 

FL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces that it 

is reviewing a proposed noise 

compatibility program that was 

submitted for Vero Beach Municipal 

Airport under provisions of 49 U.S.C. 

47501 et. seq (the Aviation Safety and 

Noise Abatement Act hereinafter 

referred to as ‘‘the Act’’) and 14 CFR 

part 150 by the city of Vero Beach, 

Florida. This program was submitted 

subsequent to a determination by AA 

that the associated noise exposure maps 

submitted under 14 CFR part 150 for 

Vero Beach Airport were in compliance 

with applicable requirements effective 

October 28, 2003. The proposed noise 

compatibility program will be approved 

or disapproved on or before May 1, 

2006. 

DATES: The effective date of the start of 

FAA’s review of the associated noise 

compatibility program is November 2, 

2005. The public comment period ends 

January 2, 2006. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Bonnie Baskin, Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Dr., Suite 400, Orlando, Florida 32822, 

(407) 812–6331. Comments on the 

proposed noise compatibility program 

should also be submitted to the above 

office. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA is 

reviewing a proposed noise 

compatibility program for Vero Beach 

Municipal Airport which will be 

approved or disapproved on or before 

May 1, 2006. This notice also announces 

the availability of this program for 

public review and comment. 

An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with