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38678 Federal Register / Vol. 71, No.

130 / Friday, July 7, 2006 / Notices

for such plan shall mail to each Complying with the collection of Notice is hereby given that, pursuant
certificate holder, within sixty days after information requirements of rule 27f–1 to the Paperwork Reduction Act of 1995
the issuance of the certificate, a is mandatory for custodian banks of (44 U.S.C. 3501 et seq.), the Securities
statement of charges to be deducted periodic payment plans for which the and Exchange Commission
from the projected payments on the sales load deducted from any payment (‘‘Commission’’) has submitted to the
certificate and a notice of his right of exceeds 9 percent of the payment.1 The Office of Management and Budget a
withdrawal as specified in this section.’’ information provided pursuant to rule request for extension of the previously
Section 27(f) authorizes the Commission 27f–1 will be provided to third parties approved collection of information
to ‘‘make rules specifying the method, and, therefore, will not be kept entitled.
form, and contents of the notice confidential. An agency may not Form 2–E Under the Securities Act of
required by this subsection.’’ Rule 27f– conduct or sponsor, and a person is not 1933, Report of Sales Pursuant to Rule
1 (17 CFR 270.27f–1) under the Act, required to respond to, a collection of 609 of Regulation E, and Rule 609
entitled ‘‘Notice of Right of Withdrawal information unless it displays a Under the Securities Act of 1933,
Required to be Mailed to Periodic currently valid control number. Report of Sales
Payment Plan Certificate Holders and Written comments are invited on: (a)
Exemption from Section 27(f) for Whether the collection of information is Under Rule 609 under the Securities
Certain Periodic Payment Plan necessary for the proper performance of Act of 1933 (17 CFR 230.609), Form 2–
Certificates,’’ provides instructions for the functions of the Commission, E (17 CFR 239.201) is used by small
the delivery of the notice required by including whether the information has business investment companies or
section 27(f). practical utility; (b) the accuracy of the business development companies
Rule 27f–1(d) prescribes Form N– engaged in limited offerings of securities
Commission’s estimate of the burden of
27F–1 (17 CFR 274.127f–1), which sets to report semi-annually the progress of
the collection of information; (c) ways to
the offering, including the number of
forth the language that custodian banks enhance the quality, utility, and clarity
shares sold. The form solicits
for periodic payment plans must use in of the information collected; and (d)
information such as the dates an
informing certificate holders of their ways to minimize the burden of the
offering has commenced and has been
withdrawal right pursuant to section collection of information on
completed, the number of shares sold
27(f). The instructions to the form respondents, including through the use
and still being offered, amounts
provide that the notice must be on the of automated collection techniques or
received in the offering, and expenses
sender’s letterhead. The Commission other forms of information technology.
and underwriting discounts incurred in
does not receive a copy of the form N– Consideration will be given to the offering. This information assists the
27F–1 notice. comments and suggestions submitted in staff in determining whether the issuer
The Form N–27F–1 notice informs writing within 60 days of this has stayed within the limits of an
certificate holders of their rights in publication. offering exemption.
connection with the certificates they Please direct your written comments Form 2–E must be filed semi-annually
hold. Specifically, it is intended to to R. Corey Booth, Director/Chief during an offering and as a final report
encourage new purchasers of plan Information Officer, Securities and at the completion of the offering. Less
certificates to reassess the costs and Exchange Commission, C/O Shirley frequent filing would not allow the
benefits of their investment and to Martinson, 6432 General Green Way, Commission to monitor the progress of
provide them with an opportunity to Alexandria, Virginia 22312, or send an the limited offering in order to ensure
recover their initial investment without e-mail to: PRA_Mailbox@sec.gov. that the issuer was not attempting to
penalty. The disclosure assists Dated: June 27, 2006. avoid the normal registration provisions
certificate holders in making careful and J. Lynn Taylor, of the securities laws.
fully informed decisions about whether During the calendar year 2005, there
Assistant Secretary.
to invest in periodic payment plan were 36 filings of Form 2–E by 24
certificates. [FR Doc. E6–10637 Filed 7–6–06; 8:45 am]
respondents. The Commission
BILLING CODE 8010–01–P
The frequency with which each of estimates, based on its experience with
these issuers or their representatives disclosure documents generally and
must file Form N–27F–1 notices varies Form 2–E in particular, and based on
SECURITIES AND EXCHANGE
with the number of periodic payment informal contacts with the investment
COMMISSION
plans sold. Commission staff spoke with company industry, that the total annual
representatives of a number of firms in Submission for OMB Review; burden associated with information
the industry that currently have Comment Request collection, Form 2–E preparation, and
periodic payment plan accounts. Based submission is four hours per filing or
upon these conversations, the staff Upon written request, copies available 144 hours for all respondents.
estimates that 3 issuers of periodic from: Securities and Exchange The estimates of average burden hours
payment plan certificates send out an Commission, Office of Filings and are made solely for the purposes of the
aggregate of approximately 535 notices Information Services, Washington, DC Act and are not derived from a
per year. The staff further estimates that 20549. comprehensive or even representative
all the issuers that send Form N–27F– Extension: Form 2–E under Rule 609; SEC survey or study of the cost of
1 notices use outside contractors to File No. 270–222; OMB Control No. Commission rules and forms.
print and distribute the notices, and 3235–0233. Form 2–E does not involve any
incur no hourly burden. The estimate of recordkeeping requirements. The
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annual burden hours is made solely for 1 The rule also permits the issuer, its principal information required by the form is
the purposes of the Paperwork underwriter, its depositor, or its recordkeeping mandatory and the information
Reduction Act, and is not derived from agent to mail the notice if the custodian bank has provided will not be kept confidential.
delegated the mailing of the notice to any of them
a comprehensive or even a or if the issuer has been permitted to operate
An agency may not conduct or sponsor,
representative survey or study of the without a custodian bank by Commission order. See and a person is not required to respond
costs of Commission rules and forms. 17 CFR 270.27f–1. to, a collection of information unless it

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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices 38679

displays a currently valid control By the Commission. the proposed rule change and discussed
number. Nancy M. Morris, any comments it received on the
General comments regarding the Secretary. proposed rule change. The text of these
above information should be directed to [FR Doc. 06–6082 Filed 7–5–06; 11:28 am] statements may be examined at the
the following persons: (i) Desk Officer BILLING CODE 8010–01–P
places specified in Item IV below. The
for the Securities and Exchange Exchange has prepared summaries, set
Commission, Office of Information and forth in sections A, B, and C below, of
SECURITIES AND EXCHANGE the most significant aspects of such
Regulatory Affairs, Office of
COMMISSION statements.
Management and Budget, Room 10102,
New Executive Office Building, [Release No. 34–54052; File No. SR– A. Self-Regulatory Organization’s
Washington, DC 20503, or e-mail to: NYSEArca–2006–29] Statement of the Purpose of, and
David_Rostker@omb.eop.gov; and (ii) R. Statutory Basis for, the Proposed Rule
Corey Booth, Director/Chief Information Self-Regulatory Organizations; NYSE Change
Officer, Securities and Exchange Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed 1. Purpose
Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, Rule Change To Extend the One Week The purpose of the proposed rule
Virginia 22312, or send an e-mail to: Option Series Pilot Program change is to extend the Pilot Program for
PRA_Mailbox@sec.gov. Comments must an additional year, through July 12,
June 27, 2006. 2007.5 The Pilot Program allows NYSE
be submitted to OMB within 30 days of
Pursuant to Section 19(b)(1) of the Arca to list and trade One Week Option
this notice.
Securities Exchange Act of 1934 Series, which expire one week after the
Dated: June 29, 2006. (‘‘Act’’) 1 and Rule 19b 4 thereunder,2 date on which a series is opened. Under
J. Lynn Taylor, notice is hereby given that on June 16, the Pilot Program, NYSE Arca may
Assistant Secretary. 2006, NYSE Arca, Inc. (‘‘Exchange’’ or select up to five approved option classes
[FR Doc. E6–10638 Filed 7–6–06; 8:45 am] ‘‘NYSE Arca’’) filed with the Securities on which One Week Option Series
and Exchange Commission could be opened.6 A series could be
BILLING CODE 8010–01–P
(‘‘Commission’’) the proposed rule opened on any Friday that is a business
change as described in Items I and II day and would expire on the next
below, which Items have been Friday that is a business day.7 If a
SECURITIES AND EXCHANGE
substantially prepared by the Exchange. Friday were not a business day, the
COMMISSION
NYSE Arca has designated this proposal series could be opened (or would
as non-controversial under Section expire) on the first business day
[File No. 500–1] 19(b)(3)(A)(iii) of the Act 3 and Rule immediately prior to that Friday.
19b–4(f)(6) thereunder,4 which renders For each class selected for the Pilot
In the Matter of AdZone Research, Inc.; the proposed rule change effective upon Program, the Exchange usually would
Order of Suspension of Trading filing with the Commission. The open five One Week Option Series in
July 5, 2006. Commission is publishing this notice to that class for each expiration date. The
solicit comments on the proposed rule strike price of each One Week Option
It appears to the Securities and change from interested persons. Series would be fixed at a price per
Exchange Commission that there is a share, with at least two strike prices
lack of current and accurate information I. Self-Regulatory Organization’s
above and two strike prices below the
concerning the securities of AdZone Statement of the Terms of Substance of
value of the underlying security or
Research, Inc. (‘‘AdZone’’), a Delaware the Proposed Rule Change calculated index value at about the time
corporation headquartered in Calverton, The Exchange proposes to amend that the One Week Option Series is
New York. Questions have arisen NYSE Arca Rule 5.19(a)(3), ‘‘Terms of opened. NYSE Arca will not open a One
regarding the accuracy of assertions by Index Option Contracts,’’ and
AdZone, and by others, in press releases Commentary .07 to NYSE Arca Rule 6.4, 5 The Commission approved the Pilot Program on

and Internet postings to investors ‘‘Series of Options Open for Trading,’’ to July 12, 2005. See Securities Exchange Act Release
concerning, among other things: (1) The No. 52013 (July 12, 2005), 70 FR 41471 (July 19,
extend until July 12, 2007, its pilot 2005) (SR–PCX–2005–32). Under NYSE Arca Rules
company’s contracts with two non- program for listing and trading One 5.19 and 6.4, the Pilot Program is scheduled to
profit organizations, (2) the nature and Week Option Series (‘‘Pilot Program’’). expire on July 12, 2006.
extent of the orders that the company The text of the proposed rule change is 6 A One Week Option Series could be opened in

has received for the sale of licenses of any option class that satisfied the applicable listing
available on the Exchange’s Web site criteria under NYSE Arca rules (i.e., stock options,
its software products, and (3) the (http://www.nysearca.com), at the options on Exchange Traded Fund Shares as
company’s recent contributions to its Exchange’s principal office, and at the defined under NYSE Arca Rule 5.3, or options on
employee Incentive Stock Plan. Commission’s Public Reference Room. indexes). The Exchange could also list and trade
One Week Option Series on any option class that
The Commission is of the opinion that II. Self-Regulatory Organization’s is selected by another exchange that employs a
the public interest and the protection of Statement of the Purpose of, and similar pilot program.
7 One Week Option Series would be settled in the
investors require a suspension of trading Statutory Basis for, the Proposed Rule same manner as the monthly expiration series in
in the securities of the above-listed Change the same class. Thus, if the monthly option contract
company. for a particular class were A.M.-settled, as most
In its filing with the Commission, the index options are, the One Week Option Series for
Therefore, it is ordered, pursuant to
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Exchange included statements that class also would be A.M.-settled; if the monthly
section 12(k) of the Securities Exchange concerning the purpose of, and basis for, option contract for a particular class were P.M.-
Act of 1934, that trading in the above- settled, as most non-index options are, the One
listed company is suspended for the 1 15
Week Option Series for that class also would be
U.S.C. 78s(b)(1). P.M.-settled. Similarly, One Week Option Series for
period from 9:30 a.m. EDT, July 5, 2006, 2 17 CFR 240.19b–4. a particular class are physically settled or cash-
through 11:59 p.m. EDT, on July 18, 3 15 U.S.C. 78s(b)(3)(A)(iii).
settled in the same manner as the monthly option
2006. 4 17 CFR 240.19b–4(f)(6). contract in that class.

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