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44344 Federal Register / Vol. 71, No.

150 / Friday, August 4, 2006 / Notices

1. NYSE Arca Equities has For the Commission, by the Division of may be necessary to continue work on
appropriate rules to facilitate Market Regulation, pursuant to delegated some of these issues beyond the
transactions in this type of security in authority.40 amendment cycle ending on May 1,
all trading sessions. Nancy M. Morris, 2007.
Secretary. As so prefaced, the Commission has
2. NYSE Arca Equities surveillance
[FR Doc. E6–12635 Filed 8–3–06; 8:45 am] identified the following tentative
procedures are adequate to properly
BILLING CODE 8010–01–P priorities:
monitor the trading of the Securities on (1) Implementation of crime
the Exchange. legislation enacted during the 109th
3. NYSE Arca Equities will distribute UNITED STATES SENTENCING Congresses warranting a Commission
an Information Bulletin to its members COMMISSION response, including (A) the Stop
prior to the commencement of trading of Counterfeiting in Manufactured Goods
the Securities on the Exchange that Sentencing Guidelines for United Act, Pub. L. 109–181; (B) the USA
explains the terms, characteristics, and States Courts PATRIOT Improvement and
risks of trading such securities. Reauthorization Act of 2005, Pub. L.
AGENCY: United States Sentencing 109–177; (C) the Violence Against
4. NYSE Arca Equities will require a Commission. Women and Department of Justice
member with a customer who purchases
ACTION: Notice of proposed priorities; Reauthorization Act of 2005, Pub. L.
newly issued Securities on the
request for public comment. 109–162; (D) the Trafficking Victims
Exchange to provide that customer with Protection Reauthorization of 2005, Pub.
a product prospectus and will note this SUMMARY: As part of its statutory L. 109–164; (E) the Safe, Accountable,
prospectus delivery requirement in the authority and responsibility to analyze Flexible, Efficient Transportation Equity
Information Bulletin. sentencing issues, including operation Act: A Legacy for Users, Pub. L. 109–59;
5. The Exchange will cease trading in of the Federal sentencing guidelines, and (F) other legislation authorizing
the Securities if: (1) The primary market and in accordance with Rule 5.2 of its statutory penalties, creating new
stops trading the securities because of a Rules of Practice and Procedure, the offenses, or pertaining to victims, that
regulatory halt similar to a halt based on Commission is seeking comment on requires incorporation into the
NYSE Arca Equities Rule 7.12 and/or a possible priority policy issues for the guidelines;
halt because the updated IIV or Index amendment cycle ending May 1, 2007. (2) Continuation of its work with the
value are not disseminated at least every DATES: Public comment should be congressional, executive, and judicial
15 seconds; or (2) if such other event received on or before September 1, branches of the government and other
occurs or condition exists which, in the 2006. interested parties on appropriate
opinion of the Exchange, makes further ADDRESSES: Send comments to: United responses to United States v. Booker,
dealings on the Exchange inadvisable; States Sentencing Commission, One including any appropriate guideline
or (3) the primary market delists the Columbus Circle, NE., Suite 2–500, changes in light of the Commission’s
Securities. South Lobby, Washington, DC 20002– 2006 report to Congress, Final Report on
8002, Attention: Public Affairs-Priorities the Impact of United States v. Booker on
This approval order is conditioned on Federal Sentencing, as well as its
NYSE Arca Equities’ adherence to these Comment.
continued analysis of post-Booker data,
representations. FOR FURTHER INFORMATION CONTACT:
case law, and other feedback, including
The Commission finds good cause for Michael Courlander, Public Affairs reasons for departures and variances
approving this proposed rule change, as Officer, Telephone: (202) 502–4590. stated by sentencing courts;
amended, before the thirtieth day after SUPPLEMENTARY INFORMATION: The (3) Continuation of its policy work
the publication of notice thereof in the United States Sentencing Commission is regarding immigration offenses,
Federal Register. As noted previously, an independent agency in the judicial specifically, offenses sentenced under
the Commission previously found that branch of the United States 2L1.1 (Smuggling, Transporting, or
the listing and trading of these Government. The Commission Harboring an Unlawful Alien) and 2L1.2
Securities on the NYSE is consistent promulgates sentencing guidelines and (Unlawfully Entering or Remaining in
with the Act.38 The Commission policy statements for Federal sentencing the United States) and implementation
presently is not aware of any issue that courts pursuant to 28 U.S.C. 994(a). The of any immigration legislation that may
Commission also periodically reviews be enacted;
would cause it to revisit that earlier
and revises previously promulgated (4) Continuation of its work with the
finding or preclude the trading of these
guidelines pursuant to 28 U.S.C. 994(o) congressional, executive, and judicial
funds on the Exchange pursuant to UTP.
and submits guideline amendments to branches of the government and other
Therefore, accelerating approval of this
the Congress not later than the first day interested parties on cocaine sentencing
proposed rule change should benefit
of May each year pursuant to 28 U.S.C. policy, to possibly include a hearing on
investors by creating, without undue 994(p). this issue and a reevaluation of the
delay, additional competition in the The Commission provides this notice Commission’s 2002 report to Congress,
market for these Securities. to identify tentative priorities for the Cocaine and Federal Sentencing Policy;
V. Conclusion amendment cycle ending May 1, 2007. (5) Consideration and possible
The Commission recognizes, however, development of guideline simplification
It is therefore ordered, pursuant to that other factors, such as the enactment options that might improve the
Section 19(b)(2) of the Act, that the of any legislation requiring Commission operation of the sentencing guidelines;
proposed rule change (NYSEArca– action, may affect the Commission’s (6) Continuation of its policy work, in
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2006–19), as amended, is hereby ability to complete work on any of the light of the Commission’s prior research
approved on an accelerated basis.39 tentative priorities by the statutory on criminal history, to develop and
deadline of May 1, 2007. Accordingly, it consider possible options that might
38 See NYSE Order, supra note 5. improve the operation of Chapter Four
39 15 U.S.C. 78s(b)(2). 40 17 CFR 200.30–3(a)(12). (Criminal History);

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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices 44345

(7) Continuation of its policy work to Suppliers Group, Wassenaar 2. No department or agency of the
implement 28 U.S.C. 994(t), specifically Arrangement) or otherwise having the United States Government may provide
regarding the development of further potential to make a material any assistance to the foreign persons,
commentary to 1B1.13 (Reduction in contribution to the development of and these persons shall not be eligible
Term of Imprisonment as a Result of weapons of mass destruction (WMD) or to participate in any assistance program
Motion by Director of Bureau of cruise or ballistic missile systems. The of the United States Government;
Prisons); and latter category includes (a) items of the 3. No United States Government sales
(8) Resolution of a number of circuit same kind as those on multilateral lists, to the foreign persons of any item on the
conflicts, pursuant to the Commission’s but falling below the control list United States Munitions List (as in
continuing authority and responsibility, parameters, when it is determined that effect on August 8, 1995) are permitted,
under 28 U.S.C. 991(b)(1)(B) and such items have the potential of making and all sales to these persons of any
Braxton v. United States, 500 U.S. 344 a material contribution to WMD or defense articles, defense services, or
(1991), to resolve conflicting cruise or ballistic missile systems, (b) design and construction services under
interpretations of the guidelines by the other items with the potential of making the Arms Export Control Act are
Federal courts. such a material contribution, when terminated; and
The Commission hereby gives notice added through case-by-case decisions, 4. No new individual licenses shall be
that it is seeking comment on these and (c) items on U.S. national control granted for the transfer to these foreign
tentative priorities and on any other lists for WMD/missile reasons that are persons of items the export of which is
issues that interested persons believe not on multilateral lists. controlled under the Export
the Commission should address during DATES: Effective Date: July 28, 2006. Administration Act of 1979 or the
the amendment cycle ending May 1, FOR FURTHER INFORMATION CONTACT: On Export Administration Regulations, and
2007, including short- and long-term general issues: Pamela K. Durham, any existing such licenses are
research issues. To the extent Office of Missile Threat Reduction, suspended.
practicable, comments submitted on Bureau of International Security and These measures shall be implemented
such issues should include the Nonproliferation, Department of State by the responsible departments and
following: (1) A statement of the issue, (202–647–4931). On U.S. Government agencies of the United States
including scope and manner of study, procurement ban issues: Gladys Gines, Government and will remain in place
particular problem areas and possible Office of the Procurement Executive, for two years from the effective date,
solutions, and any other matters Department of State (703–516–1691). except to the extent that the Secretary of
relevant to a proposed priority; (2) SUPPLEMENTARY INFORMATION: Pursuant State may subsequently determine
citations to applicable sentencing to Sections 2 and 3 of the Iran otherwise. A new determination will be
guidelines, statutes, case law, and Nonproliferation Act of 2000 (Pub. L. made in the event that circumstances
constitutional provisions; and (3) a 106–178), the U.S. Government change in such a manner as to warrant
direct and concise statement of why the determined on July 25, 2006 that the a change in the duration of sanctions.
Commission should make the issue a measures authorized in Section 3 of the Dated: July 31, 2006.
priority. Act shall apply to the following foreign Francis C. Record,
Authority: 28 U.S.C. 994(a), (o); USSC entities identified in the report Acting Assistant Secretary of State for
Rules of Practice and Procedure 5.2. submitted pursuant to Section 2(a) of International Security and Nonproliferation,
Ricardo H. Hinojosa, the Act: Department of State.
Korean Mining and Industrial [FR Doc. E6–12641 Filed 8–3–06; 8:45 am]
Chair.
Development Corporation (KOMID) BILLING CODE 4710–27–P
[FR Doc. E6–12649 Filed 8–3–06; 8:45 am] (North Korea) and any successor, sub-
BILLING CODE 2211–01–P unit, or subsidiary thereof;
Korea Pugang Trading Corporation
DEPARTMENT OF TRANSPORTATION
(North Korea) and any successor, sub-
DEPARTMENT OF STATE unit, or subsidiary thereof; Office of the Secretary
[Public Notice 5483]
Center for Genetic Engineering and
Biotechnology (Cuba) and any Reports, Forms and Recordkeeping
Bureau of International Security and successor, sub-unit, or subsidiary Requirements: Notice of Request for
Nonproliferation; Imposition of thereof; Extension of a Previously Approved
Nonproliferation Measures Against Balaji Amines (India) and any Collection
Foreign Entities, Including a Ban on successor, sub-unit, or subsidiary
thereof; AGENCY: Office of the Secretary, DOT.
U.S. Government Procurement
Prachi Poly Products (India) and any ACTION: Notice.
AGENCY: Department of State. successor, sub-unit, or subsidiary
ACTION: Notice. thereof; SUMMARY: In accordance with the
Rosoboronexport (Russia) and any Paperwork Reduction Act of 1995 (44
SUMMARY: A determination has been successor, sub-unit, or subsidiary U.S.C. Chapter 35, as amended) this
made that seven entities have engaged thereof; and notice announces the Department of
in activities that require the imposition Sukhoy (Russia) and any successor, Transportation’s (DOT) intention to
of measures pursuant to Section 3 of the sub-unit, or subsidiary thereof. request an extension of a currently
Iran Nonproliferation Act of 2000, Accordingly, pursuant to the approved information collection. Before
which provides for penalties on entities provisions of the Act, the following submitting this information collection to
for the transfer to Iran since January 1, measures are imposed on these entities: OMB for renewal, DOT is soliciting
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1999, of equipment and technology 1. No department or agency of the comments on whether the proposed
controlled under multilateral export United States Government may procure, collection of information is necessary
control lists (Missile Technology or enter into any contract for the for the proper performance of the
Control Regime, Australia Group, procurement of, any goods, technology, functions of the Department, including
Chemical Weapons Convention, Nuclear or services from these foreign persons; whether the information will have

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