[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Notices]
[Page 23825]
[FR Doc No: 2013-09366]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Information Collection Activities: Submission for the Office of
Management and Budget (OMB) Review; Request for Comment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of the OMB review of information collection and
solicitation of public comment.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), this notice announces that the Information
Collection Request (ICR) abstracted below will be submitted to the
Office of Management and Budget (OMB) for review. The ICR describes the
nature of the information collection and its expected burden. A Federal
Register Notice with a 60-day comment period soliciting public comments
on the following information collection was published on August 14,
2012 (Federal Register/Vol. 77, No. 157/pp. 48608-48609).

DATES: Submit comments to the Office of Management and Budget (OMB) on
or before May 22, 2013.

FOR FURTHER INFORMATION CONTACT: Alan Block at the National Highway
Traffic Safety Administration, Office of Behavioral Safety Research
(NTI-131), W46-499, Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590. Mr. Block's phone number is 202-366-
6401 and his email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2127-New.
    Title: Survey of DWI Courts.
    Form No.: NHTSA Form 1175.
    Type of Review: Regular.
    Respondents: All existing DWI Courts and Hybrid DWI/Drug Courts
will be contacted and asked to participate in the survey. The number of
such Courts is projected to be approximately 650 at the time the survey
is administered. The respondents will be people involved in the running
of the DWI Court program. These primarily will be Judges and Court
Staff, but may include others involved in specific aspects of the DWI
Court program such as treatment providers, law enforcement and
probation/parole personnel. Contacted Courts will determine who is
appropriate to complete the sections of the questionnaire, and may
apportion different sections to different people to complete, if
necessary.
    Estimated Number of Respondents: A maximum of 650 DWI and Hybrid
DWI/Drug Courts will respond to the survey.
    Estimated Time per Response: The average amount of time for each
Court to complete the survey is estimated at 40 minutes. This includes
any time needed to retrieve information.
    Total Estimated Annual Burden Hours: 433.33 hours.
    Frequency of Collection: The survey will be administered a single
time.
    Abstract: DWI Courts are a relatively new intervention to combat
alcohol-impaired driving and are authorized under MAP-21, the current
DOT authorization. Borrowing from the Drug Court Model, they are
directed at repeat offenders and offenders having high blood alcohol
concentration levels (BACs) at time of arrest. These Courts attack the
source of the problem by taking a comprehensive approach to changing
behavior that includes treatment and close supervision. There is a body
of research that now exists to show that Drug Courts are effective.
However, Drug Courts and DWI Courts may treat different populations,
and questions about the effectiveness of DWI Courts and their services
have yet to be adequately answered.
    NHTSA is presently designing a program to evaluate DWI Courts to
directly answer key questions pertaining to their effectiveness. But in
order to do that, the agency first needs detailed information on how
the DWI Courts are operating. This survey is designed to obtain that
information. NHTSA proposes to collect information from all known
operating DWI Courts and Hybrid DWI/Drug Courts. Each Court will be
contacted by mail and/or email and asked to go to a designated Web site
to fill out the questionnaire. The most recent figures (from the
National Association of Drug Court Professionals (NADCP)) show 598
Courts operating in the United States that are either designated DWI
Courts (192) or else Hybrid DWI/Drug Courts (406). That number is
projected to increase to approximately 650 Courts by the time the
survey is ready to enter the field. The survey will ask about case
flow, eligibility criteria, management information systems, program
staffing, treatment, testing, courtroom practices, sanctions, and other
relevant program characteristics.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attention: Desk Officer for Department of
Transportation, National Highway Traffic Safety Administration, or by
email at<EMAIL_ADDRESS>or fax:<PHONE_NUMBER>.
    Comments Are Invited On: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department of Transportation, including whether the information
will have practical utility; the accuracy of the Department's estimate
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. A comment to OMB is most
effective if OMB receives it within 30 days of publication of this
notice.

    Authority:  44 U.S.C. 3506(c)(2)(A).

Jeffrey Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2013-09366 Filed 4-19-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13599-13601]
[FR Doc No: 2012-5265]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0012; FRL-9337-6]

Pesticide Products; Receipt of Applications To Register New Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this Notice of such applications, pursuant to section
3(c)(4) of FIFRA.

DATES: Comments must be received on or before April 6, 2012.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number specified below, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket
(7502P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through

Friday, excluding legal holidays). Special arrangements should be made
for deliveries of boxed information. The Docket Facility telephone
number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number
specified for the pesticide of interest as shown in the registration
application summaries. EPA's policy is that all comments received will
be included in the docket without change and may be made available on-
line at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
email. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone or email. The mailing address for each contact person listed
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001, Antimicrobials Division (7510P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001 or Biopesticides and Pollution
Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
If you are commenting on a docket that addresses multiple products,
please indicate to which registration number(s) your comment applies.
If you are commenting on a docket that addresses multiple products,
please indicate to which registration number(s) your comment applies.
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications for New Uses

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA, and is publishing this Notice of
such applications pursuant to section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    1. Registration Number: 100-759. Docket Number: EPA-HQ-OPP-2012-
0046. Company name and address: Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27409. Active ingredient: Fludioxonil. Proposed
Use: leafy vegetables (except Brassica). Contact: Lisa Jones,
Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>

    2. Registration Number: 100-811. Docket Number: EPA-HQ-OPP-2012-
0045. Company name and address: Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27409. Active ingredient: cyprodinil. Proposed
Use: leafy vegetables (except Brassica). Contact: Lisa Jones,
Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>    3. Registration Number: 100-828. Docket Number: EPA-HQ-OPP-2012-
0045. Company name and address: Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27409. Active ingredient: Cyprodinil. Proposed
Use: Cardoon, celery, Chinese celery, celtuce, Florence fennel, New
Zealand spinach, rhubarb, spinach, spinach vine, swiss chard. Contact:
Lisa Jones, Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>    4. Registration Number: 100-953. Docket Number: EPA-HQ-OPP-2012-
0046. Company name and address: Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27409. Active ingredients: Cyprodinil and
Fludioxonil. Proposed Use: Cardoon, celery, chinese celery, celtuce,
Florence fennel, New Zealand spinach, Rhubarb, spinach, spinach vine,
swiss chard. Contact: Lisa Jones, Registration Division, (703) 308-
9424<EMAIL_ADDRESS>    5. Registration Number: 100-999, 100-1014. Docket Number: EPA-HQ-
OPP-2012-0085. Company name and address: Syngenta Crop Protection, P.O.
Box 18300, Greensboro, NC 27419-8300. Active ingredient: Paclobutrazol.
Proposed Use: Seed treatment for broccoli, cauliflower, and cabbage.
Contact: Dominic Schuler, Registration Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    6. Registration Numbers: 352-844, 352-729, 352-728. Docket Number:
EPA-HQ-OPP-2012-0029. Company name and address: DuPont Crop Protection,
Stine-Haskell Research Center, P.O. Box 30, Newark, DE 19714. Active
ingredient: Chlorantraniliprole. Proposed Uses: Soybean, Oilseed Crop
Group. Contact: Jennifer Urbanski, Registration Division, (703) 347-
0156<EMAIL_ADDRESS>    7. Registration Numbers: 10163-282, 10163-283. Docket Number: EPA-
HQ-OPP-2011-1011. Company name and address: Gowan Company, 370 S. Main
Street, Yuma, AZ 85364. Active ingredient: EPTC. Proposed Use:
Watermelon; Crop Group 10-10-Citrus Fruit Group; Sunflower subgroup
20B. Contact: Emily Hartman, Registration Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    8. Registration Number: 42750-85, 42750-169. Docket Number: EPA-HQ-
OPP-2012-0010. Company name and address: Albaugh Inc., 1525 NE 36th
St., Ankeny, IA 50021. Active ingredient: Quinclorac. Proposed Uses:
Rhubarb and berry, low growing, except strawberry, subgroup 13-07H.
Contact: Maggie Rudick, Registration Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    9. Registration Numbers: 59639-173, 59639-150, 59639-152. Docket
Number: EPA-HQ-OPP-2011-0860. Company name and address: Valent, U.S.A.
Corp, P.O. Box 8025, Walnut Creek, CA 94596-8025. Active ingredient:
Clothianidin. Proposed Use: Strawberry; Crop Group 10-10, Citrus Fruit
Group; citrus dried pulp; pistachio; tea. Contact: Marianne Lewis,
Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>    10. Registration Number: 71512-2, 71512-3. Docket Number: EPA-HQ-
OPP-2011-0906. Company name and address: ISK Biosciences Corporation,
7470 Auburn Rd., Suite A, Concord, OH 44077. Active ingredient:
Cyazofamid. Proposed Use: Succulent bean, shelled succulent bean, leafy
greens, basil (fresh and dry), tuberous and corm vegetables, fruiting
vegetables. Contact: Dominic Schuler, Registration Division, (703) 347-
0260<EMAIL_ADDRESS>    11. Registration Numbers: 66330-38, 66330-39. Docket Number: EPA-
HQ-OPP-2011-0449. Company name and address: Arysta LifeScience North
America LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. Active
ingredient: Acequinocyl. Proposed Uses: Succulent soybean (edamame);
small fruit and berry subgroups 13-07 A, F, and G; succulent bean;
cowpea forage; melon subgroup 9A; cucumber; cherry. Contact: Autumn
Metzger, Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: February 14, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-5265 Filed 3-6-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Page 43754]
[FR Doc No: 2017-19874]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2744-043]

North East Wisconsin Hydro, LLC; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for a new license for
the 4.348-megawatt Menominee and Park Mill Hydroelectric Project (FERC
Project No. 2744-043) and has prepared a single environmental
assessment (EA). The project consists of two developments (Menominee
and Park Mill) located on the Menominee River in Menominee County,
Michigan, and Marinette County, Wisconsin.
    In the EA, Commission staff analyzes the potential environmental
effects of relicensing the project and concludes that issuing a new
license for the project, with appropriate environmental measures, would
not constitute a major federal action significantly affecting the
quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>toll-free at 1-866-208-3676; or for TTY,
(202) 502-8659.
    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 45 days from the date of this
notice. The Commission strongly encourages electronic filing. Please
file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support. In lieu
of electronic filing, please send a paper copy to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. The first page of any filing should include docket number P-
2744-043.
    For further information, contact Chelsea Hudock at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
    Dated: September 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19874 Filed 9-18-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Page 21767]
[FR Doc No: 2019-10046]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR19-59-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH Rates effective
May 1, 2019 to be effective 5/1/2019.
    Filed Date: 5/7/19.
    Accession Number:<PHONE_NUMBER>67.
    Comments/Protests Due: 5 p.m. ET 5/28/19.

    Docket Number: PR19-60-000.
    Applicants: ONEOK WesTex Transmission, L.L.C.
    Description: Tariff filing per 284.123(b),(e)/: OWT PR16-11-003 -
004 Compliance Filing to be effective 5/1/2019.
    Filed Date: 5/7/19.
    Accession Number:<PHONE_NUMBER>27.
    Comments/Protests Due: 5 p.m. ET 5/28/19.

    Docket Numbers: RP19-1216-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--May 2019
Cleanup Filing to be effective 6/7/2019.
    Filed Date: 5/8/19.
    Accession Number: 20190508-5000.
    Comments Due: 5 p.m. ET 5/20/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 9, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-10046 Filed 5-14-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 14, 2006 (Volume 71, Number 49)]
[Notices]
[Page 13193-13194]
[DOCID:fr14mr06-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53451; File No. SR-Amex-2006-23]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt an Options Licensing Fee for Options on Certain Rydex Exchange-
Traded Funds

March 8, 2006.
    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 March 6, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') 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. Amex has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by a self-regulatory organization pursuant to
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Amex proposes to modify its Options Fee Schedule by adopting a per-
contract license fee for the orders of specialists, registered options
traders, firms, non-member market makers, and broker-dealers
(collectively, ``Market Participants'') in connection with options
transactions in six (6) new Rydex exchange-traded funds (``ETFs'').
    The text of the proposed rule change is available on the Exchange's
Internet Web site (http://www.amex.com), at the Exchange's principal

office, and at the Commission's Public Reference Room.

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 aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposal is to adopt a per-contract options
licensing fee in connection with options on the following six (6) ETFs:
(1) Rydex S&P 500 Pure Growth ETF (symbol: RPG); (2) Rydex S&P Pure
Value ETF (symbol: RPV); (3) Rydex S&P MidCap 400 Pure Growth ETF
(symbol: RFG); (4) Rydex S&P MidCap 400 Pure Value ETF (symbol: RFV);
(5) Rydex S&P Small Cap 600 Pure Growth ETF (symbol: RZG); and (6)
Rydex S&P Small Cap 600 Pure Value ETF (symbol: RZV) (collectively,
``Rydex ETFs''). Amex represents that it plans to assess the proposed
options licensing fee on members commencing March 7, 2006.
    The Exchange has entered into numerous agreements with various
index providers for the purpose of trading options on certain ETFs. As
a result, the Exchange is required to pay index license fees to third
parties as a condition to the listing and trading of these ETF options.
In many cases, the Exchange is required to pay a significant licensing
fee to the index provider that may not be reimbursed. In an effort to
recoup the costs associated with certain index licenses, the Exchange
has recently established per-contract licensing fees for orders of
Market Participants that are collected on each option transaction in
certain designated products in which such Market Participant is a
party.\5\
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    \5\ See Securities Exchange Act Release No. 52493 (September 22,
2005), 70 FR 56941 (September 29, 2005).
---------------------------------------------------------------------------

    The purpose of the proposal, therefore, is to charge an options
licensing fee in connection with options on the Rydex ETFs.
Specifically, Amex seeks to charge an options licensing fee of $0.09
per contract side for each

Rydex ETF option for Market Participant orders executed on the
Exchange. In all cases, the fee would be charged only to the Exchange
member through whom such order is placed.
    Amex represents that the proposed options licensing fees would
allow the Exchange to recoup its costs in connection with the index
license fees for the trading of the Rydex ETF options. The fees would
be collected on every Market Participant order executed on the
Exchange. The Exchange believes that requiring the payment of a per-
contract licensing fee in connection with the Rydex ETF options by
those Market Participants that benefit from the index license
agreements is justified and consistent with the rules of the Exchange.
    The Exchange notes that, in recent years, it has revised a number
of its fees to better align Amex fees with the actual cost of
delivering services and reduce Amex's subsidization of such
services.\6\ The Exchange represents that the implementation of this
proposal is consistent with the reduction and/or elimination of these
subsidies. Amex believes that these fees will help to allocate to those
Market Participants engaging in transactions in Rydex ETF options a
fair share of the related costs of offering such options for trading.
---------------------------------------------------------------------------

    \6\ See, e.g., Securities Exchange Act Release No. 45360
(January 29, 2002), 67 FR 5626 (February 6, 2002); Securities
Exchange Act Release No. 44286 (May 9, 2001), 66 FR 27187 (May 16,
2001).
---------------------------------------------------------------------------

    The Exchange asserts that the proposal provides for an equitable
allocation of fees as required by Section 6(b)(4) of the Act.\7\ In
connection with the adoption of options licensing fees for the Rydex
ETF options, the Exchange notes that charging the options licensing
fees, where applicable, to all Market Participant orders, except for
customer orders, is reasonable given the competitive pressures in the
industry. Accordingly, the Exchange seeks, through this proposal, to
better align its transaction charges with the cost of providing trading
products.
---------------------------------------------------------------------------

    \7\ Section 6(b)(4) of the Act states that the rules of a
national securities exchange must ``provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities.'' 15
U.S.C. 78f(b)(4).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(4) of the Act \8\ in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities.
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    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
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

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-4(f)(2) \10\
thereunder because it establishes or 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 19b-4(f)(2).
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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<EMAIL_ADDRESS>Please include

File No. SR-Amex-2006-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Amex-2006-23. 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 Commissions 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 the filing also will be
available for inspection and copying at the principal office of Amex.
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-Amex-2006-23
and should be submitted on or before April 4, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-3572 Filed 3-13-06; 8:45 am]

BILLING CODE 8010-01-P