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20200 Federal Register / Vol. 70, No.

73 / Monday, April 18, 2005 / Notices

A. Self-Regulatory Organization’s necessary or appropriate in furtherance with respect to the proposed rule
Statement of the Purpose of, and of the purposes of the Act. change that are filed with the
Statutory Basis for, the Proposed Rule Commission, and all written
C. Self-Regulatory Organization’s
Change communications relating to the
Statement on Comments on the
proposed rule change between the
1. Purpose Proposed Rule Change Received From Commission and any person, other than
The Commission previously approved Members, Participants, or Others those that may be withheld from the
a rule proposal by the Exchange to Written comments on the proposed public in accordance with the
adopt new listings fees for ETFs and rule change were neither solicited nor provisions of 5 U.S.C. 552, will be
CEFs (collectively ‘‘Funds’’) listed by received. available for inspection and copying in
the PCXE for trading on the Archipelago the Commission’s Public Reference
Exchange, a facility of the PCXE.5 In this III. Date of Effectiveness of the
Section, 450 Fifth Street, NW.,
rule proposal, the Exchange proposed a Proposed Rule Change and Timing for
Washington, DC 20549. Copies of such
non-refundable application processing Commission Action
filing also will be available for
fee, a one-time original listing fee per The foregoing rule change has become inspection and copying at the principal
Fund issuer or family of Funds, and an effective pursuant to section office of the Exchange. All comments
annual maintenance fee based on the 19(b)(3)(A)(ii) of the Act 8 and received will be posted without change;
aggregate total shares outstanding of the subparagraph (f)(3) of Rule 19b–4 the Commission does not edit personal
Funds listed by the same Fund issuer or thereunder,9 because it is concerned identifying information from
family of Funds. The Exchange solely with the administration of the submissions. You should submit only
proposed to implement these fees Exchange. At any time within 60 days information that you wish to make
specific to Funds effective June 21, of the filing of such proposed rule available publicly. All submissions
2004. change, the Commission may summarily should refer to File Number SR–PCX–
The Exchange now seeks to adjust the abrogate such rule change if it appears 2005–37 and should be submitted on or
implementation date of the Funds’ to the Commission that such action is before May 9, 2005.
listing fees to April 1, 2005. In February necessary or appropriate in the public For the Commission, by the Division of
2005, due to an administrative interest, for the protection of investors, Market Regulation, pursuant to delegated
oversight, the Exchange inadvertently or otherwise in furtherance of the authority.10
invoiced currently listed Funds for their purposes of the Act. Jill M. Peterson,
2005 annual maintenance fee based on
IV. Solicitation of Comments Assistant Secretary.
the prior fee schedule. Because the
Exchange discovered the error after the [FR Doc. 05–7644 Filed 4–15–05; 8:45 am]
Interested persons are invited to
Fund issuers had already received the BILLING CODE 8010–01–P
submit written data, views, and
incorrect invoice, the Exchange decided arguments concerning the foregoing,
to revise the effective date of including whether the proposed rule
implementation rather than withdraw change is consistent with the Act. DEPARTMENT OF TRANSPORTATION
and resubmit corrected invoices. As a Comments may be submitted by any of
result, all listed Funds paid a lower Federal Aviation Administration
the following methods:
annual maintenance fee than they Consensus Standards, Light-Sport
would otherwise have paid under the Electronic Comments
Aircraft
new fee schedule. Under these • Use the Commission’s Internet
circumstances, the Exchange believes comment form (http://www.sec.gov/ AGENCY: Federal Aviation
that this adjustment is appropriate as all rules/sro.shtml); or Administration, DOT.
listed Fund issuers were treated • Send an e-mail to rule- ACTION: Notice of availability; Request
similarly and none were negatively comments@sec.gov. Please include File for comments.
impacted. Number SR–PCX–2005–37 on the
subject line. SUMMARY: This notice announces the
2. Statutory Basis availability of a consensus standard
The Exchange believes that the Paper Comments relating to the provisions of the Sport
proposed rule change is consistent with • Send paper comments in triplicate Pilot and Light-Sport Aircraft rule
section 6(b) of the Act,6 in general, and to Jonathan G. Katz, Secretary, issued July 16, 2004, and effective
furthers the objectives of section 6(b)(4) Securities and Exchange Commission, September 1, 2004. ASTM International
of the Act,7 in particular, in that it 450 Fifth Street, NW., Washington, DC Committee F37 on Light Sport Aircraft
provides for the equitable allocation of 20549–0609. developed this standard with FAA
reasonable dues, fees, and other charges All submissions should refer to File participation. By this Notice, the FAA
among its OTP Holders, OTP Firms, ETP Number SR–PCX–2005–37. This file finds this standard acceptable for
Holders, issuers, and other persons number should be included on the certification of the specified aircraft
using its facilities. subject line if e-mail is used. To help the under the provisions of the Sport Pilot
Commission process and review your and Light-Sport Aircraft rule.
B. Self-Regulatory Organization’s
comments more efficiently, please use DATES: Comments must be received on
Statement on Burden on Competition
only one method. The Commission will or before June 17, 2005.
The Exchange does not believe that
post all comments on the Commission’s ADDRESSES: Comments may be mailed
the proposed rule change will impose to: Federal Aviation Administration,
Internet Web site (http://www.sec.gov/
any burden on competition that is not Small Airplane Directorate, Programs
rules/sro.shtml). Copies of the
5 See Securities Exchange Act Release No. 50591
submission, all subsequent and Procedures Branch, ACE–114,
(October 26, 2004), 69 FR 63427 (November 1, 2004) amendments, all written statements Attention: Larry Werth, Room 301, 901
(SR–PCX–2004–63). Locust, Kansas City, Missouri 64106.
6 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(3)(A)(ii).
7 15 U.S.C. 78f(b)(4). 9 17 CFR 240.19b–4(f)(3). 10 17 CFR 200.30–3(a)(12).

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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices 20201

Comments may also be e-mailed to: with the regulatory requirements of the DEPARTMENT OF TRANSPORTATION
Comments-on-LSA-Standard@faa.gov. rule. Any light-sport aircraft issued a
All comments must be marked: special light-sport airworthiness Federal Aviation Administration
Consensus Standards Comments, and certificate, which has been designed,
must specify the standard being Notice of Intent to Rule on Application
manufactured, operated and
addressed by ASTM designation and 05–10–C–00–MCO To Impose, Use the
maintained, in accordance with this and
title. Revenue From, Impose and Use the
previously accepted ASTM consensus
Revenue From a Passenger Facility
FOR FURTHER INFORMATION CONTACT: standards provides the public with the Charge (PFC) at Orlando International
Larry Werth, Light-Sport Aircraft appropriate level of safety established Airport, Orlando, FL.
Program Manager, Programs and under the regulations. Manufacturers
Procedures Branch (ACE–114), Small who choose to produce these aircraft AGENCY: Federal Aviation
Airplane Directorate, Aircraft and certificate these aircraft under 14 Administration (FAA), DOT.
Certification Service, Federal Aviation CFR part 21, §§ 21.190 or 21.191 are ACTION: Notice of Intent to Rule on
Administration, 901 Locust, Room 301, subject to the applicable consensus Application.
Kansas City, Missouri 64106; telephone standard requirements. The FAA
(816) 329–4147; e-mail: maintains a listing of all accepted SUMMARY: The FAA proposes to rule and
larry.werth@faa.gov. invites public comment on the
standards at afs600.faa.gov.
SUPPLEMENTARY INFORMATION: This application to impose, use the revenue
notice announces the availability of a The Effective Period of Use from, impose and use the revenue from
consensus standard relating to the a PFC at Orlando International Airport
The consensus standard listed in this under the provisions of the 49 U.S.C.
provisions of the Sport Pilot and Light-
notice may be used unless the FAA 40117 and part 158 of the Federal
Sport Aircraft rule. ASTM International
Committee F37 on Light Sport Aircraft publishes a specific notification Aviation Regulations (14 CFR part 158).
developed this standard. otherwise. DATES: Comments must be received on
Comments Invited: Interested persons The Consensus Standards or before May 18, 2005.
are invited to submit such written data, ADDRESSES: Comments on this
views, or arguments, as they may desire. The FAA finds the following application may be mailed or delivered
Communications should identify the consensus standard acceptable for in triplicate to the FAA at the following
consensus standard number and be certification of the specified aircraft address: Orlando Airports District
submitted to the address specified under the provisions of the Sport Pilot Office; 5950 Hazeltine National Drive,
above. All communications received on and Light-Sport Aircraft rule: Suite 400; Orlando, Florida 32822
or before the closing date for comments In addition, one copy of any
ASTM Designation F2483–05, titled:
will be forwarded to ASTM comments submitted to the FAA must
Standard Practice for Maintenance and
International Committee F37 for be mailed or delivered to Mr. C.W.
consideration. The standard may be the Development of Maintenance
Manuals for Light Sport Aircraft. Jennings of the Greater Orlando
changed in light of the comments Aviation Authority at the following
received. The FAA will address all Availability address: Greater Orlando Aviation
comments received during the recurring Authority, Orlando International
review of the consensus standard and This consensus standard is Airport, One Airport Boulevard,
will participate in the consensus copyrighted by ASTM International, 100 Orlando, Florida 32827–4399. Air
standard revision process. Barr Harbor Drive, PO Box C700, West carriers and foreign air carriers may
Background: Under the provisions of Conshohocken, PA 19428–2959. submit copies of written comments
the Sport Pilot and Light-Sport Aircraft Individual reprints of this standard previously provided to the Greater
rule, and revised Office of Management (single or multiple copies, or special Orlando Aviation Authority under
and Budget (OMB) Circular A–119, compilations and other related technical § 158.23 of part 158.
‘‘Federal Participation in the information) may be obtained by FOR FURTHER INFORMATION CONTACT: Mr.
Development and Use of Voluntary contacting ASTM at this address, or at Vernon P. Rupinta, Program Manager,
Consensus Standards and in Conformity (610) 832–9585 (phone), (610) 832–9555 Orlando Airports District Office, 5950
Assessment Activities’’, dated February (fax), through service@astm.org (e-mail), Hazeltine National Drive, Suite 400,
10, 1998, industry and the FAA have or through the ASTM Web site at Orlando, Florida 32822, (407) 812–6331,
been working with ASTM International
http://www.astm.org. To inquire about Extension 124. The application may be
to develop consensus standards for
standard content and/or membership, or reviewed in person at this same
light-sport aircraft. These consensus
about ASTM International Offices location.
standards satisfy the FAA’s goal for
airworthiness certification and a abroad, contact Daniel Schultz, Staff SUPPLEMENTARY INFORMATION: The FAA
verifiable minimum safety level for Manager for Committee F37 on Light proposes to rule and invites public
light-sport aircraft. Instead of Sport Aircraft: (610) 832–9716, comment on the application to impose
developing airworthiness standards dschultz@astm.org. the revenue from a PFC at Orlando
through the rulemaking process, the Issued in Kansas City, Missouri on April 7, International Airport and use at Orlando
FAA participates as a member of 2005. International Airport and Orlando
Committee F37 in developing these David R. Showers, Executive Airport under the provisions
standards. The use of the consensus of the 49 U.S.C. 40117 and part 158 of
Acting Manager, Small Airplane Directorate,
standard process assures government Aircraft Certification Service.
the Federal Aviation Regulations (14
and industry discussion and agreement CFR part 158).
[FR Doc. 05–7631 Filed 4–15–05; 8:45 am]
on appropriate standards for the On March 29, 2005, the FAA
BILLING CODE 4910–13–P determined that the application to
required level of safety.
The FAA has reviewed the standard impose, use the revenue from, impose
presented in this NOA for compliance and use the revenue from a PFC

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