Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to PCX Rules 6.33 and 6.44, Amending Procedural Requirements for the PCX Market Maker and Floor Broker Examinations, 9419-9420 [E5-777]

Download as PDF Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices the Commission’s Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the NASD. 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–NASD–2004–026 and should be submitted on or before March 18, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.15 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–776 Filed 2–24–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51228; File No. SR–PCX– 2005–18] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to PCX Rules 6.33 and 6.44, Amending Procedural Requirements for the PCX Market Maker and Floor Broker Examinations February 18, 2005. 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 February 4, 2005, the Pacific Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by PCX. PCX filed this proposal pursuant to Section 19(b)(3)(A) 3 of the Act and Rule 19b– 4(f)(6) 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. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change PCX proposes to amend PCX Rules 6.33 and 6.44 in order to amend the procedural requirements for the Market 15 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). 1 15 VerDate jul<14>2003 19:31 Feb 24, 2005 Jkt 205001 Maker and Floor Broker examinations. The text of the proposed rule change is available on PCX’s Web site (https:// www.pacificex.com/legal/ legal_pending.html), at the PCX’s Office of the Secretary, 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, PCX included statements concerning the purpose of and basis for its proposal and discussed any comments it received regarding the proposal. The text of these statements may be examined at the places specified in Item IV below. PCX 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 PCX proposes to amend PCX Rules 6.33 (Registration of Market Makers) and 6.44 (Registration of Floor Brokers) in order to amend the procedural requirements for the Market Maker and Floor Broker examinations. These rules contain requirements that the Exchange give examinations with a specific number of questions (100 for Market Makers and 121 for Floor Brokers) and allow for a specific amount of time for the applicant to complete the examination (3 hours for Market Makers and 3 hours 30 minutes for Floor Brokers). With the implementation of PCX Plus, the Exchange’s electronic order delivery, execution and reporting system for designated option issues through which orders and Quotes with Size are consolidated for execution and/ or display, the Exchange completely revised its qualifying examinations in 2003. As such, the old requirements are no longer applicable and the rules need to be amended to remove the obsolete references. The Exchange continually reviews and modifies its qualifying examinations. The examinations are amended to reflect changes in the industry as well as specific trading rules applicable to the PCX. Questions are added and deleted as changes in the marketplace dictate. As such, the Exchange needs the ability to administer examinations without being required to submit a rule change to amend the number of questions or the amount of time for the applicant to complete the examination. Removing the current PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 9419 language from PCX Rules 6.33 and 6.44 will give the Exchange much greater flexibility in administering such examinations. The Exchange represents that it will file any changes to the examinations, including the addition or removal of questions, changes in the time allotted for completion or any other aspect of the examination, with the Commission before implementing such changes in accordance with the Commission’s current policy on examinations. The Exchange plans to continually monitor the examination process and make adjustments to both the examinations and the time allowed to complete the examinations when such adjustments are needed. 2. Statutory Basis PCX believes that the proposed rule change is consistent with Section 6(b)(5) of the Act,5 which requires the rules of the exchange be designed to facilitate transactions in securities, to promote just and equitable principles of trade, and to protect investors and the public interest. The PCX also believes that the proposed rule change is consistent with Section 6(c)(3) of the Act,6 which authorizes PCX to prescribe standards of training, experience, and competence for persons associated with PCX members. B. Self-Regulatory Organization’s Statement on Burden on Competition PCX does not believe that the proposed rule change will result in 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 Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the 5 15 6 15 E:\FR\FM\25FEN1.SGM U.S.C. 78f(b)(5). U.S.C. 78f(c)(3). 25FEN1 9420 Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices Act 7 and Rule 19b–4(f)(6) thereunder.8 At any time within 60 days of the filing of such 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. 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–PCX–2005–18 on the subject line. submissions should refer to File Number SR–PCX–2005–18 and should be submitted on or before March 18, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–777 Filed 2–24–05; 8:45 am] BILLING CODE 8010–01–P 8 17 19:31 Feb 24, 2005 [Public Notice 5004] Culturally Significant Objects Imported for Exhibition Determinations: ´ ‘‘Pioneering Modern Painting: Cezanne and Pissarro 1865–1885’’ 9 17 Jkt 205001 DEPARTMENT OF STATE Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: East Timor and South Pacific Scholarship Programs DEPARTMENT OF STATE U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). VerDate jul<14>2003 BILLING CODE 4710–08–P [Public Notice 5002] SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March Paper Comments 27, 1978, the Foreign Affairs Reform and • Send paper comments in triplicate Restructuring Act of 1998 (112 Stat. to Jonathan G. Katz, Secretary, 2681, et seq.; 22 U.S.C. 6501 note, et Securities and Exchange Commission, seq.), Delegation of Authority No. 234 of 450 Fifth Street, NW., Washington, DC October 1, 1999, and Delegation of 20549–0609. All submissions should Authority No. 236 of October 19, 1999, refer to File Number SR–PCX–2005–18. as amended, and Delegation of This file number should be included on Authority No. 257 of April 15, 2003 [68 the subject line if e-mail is used. To help FR 19875], I hereby determine that the the Commission process and review objects to be included in the exhibition your comments more efficiently, please ´ ‘‘Pioneering Modern Painting: Cezanne use only one method. The Commission and Pissarro 1865–1885,’’ imported will post all comments on the from abroad for temporary exhibition Commission’s Internet Web site (https:// within the United States, are of cultural www.sec.gov/ rules/sro.shtml). Copies of significance. The objects are imported the submission, all subsequent pursuant to a loan agreement with the amendments, all written statements foreign owners. I also determine that the with respect to the proposed rule exhibition or display of the exhibit change that are filed with the objects at The Museum of Modern Art, Commission, and all written New York, NY from on or about June 24, communications relating to the 2005 to on or about September 12, 2005, proposed rule change between the Los Angeles County Museum from on or Commission and any person, other than about October 20, 2005 to on or about those that may be withheld from the January 16, 2006, and at possible public in accordance with the additional venues yet to be determined, provisions of 5 U.S.C. 552, will be is in the national interest. Public Notice available for inspection and copying in of these determinations is ordered to be the Commission’s Public Reference published in the Federal Register. Room. Copies of such filing also will be FOR FURTHER INFORMATION CONTACT: For available for inspection and copying at further information, including a list of the principal office of the PCX. All the exhibit objects, contact Carol B. comments received will be posted Epstein, Attorney-Adviser, Office of the without change; the Commission does Legal Adviser, Department of State, not edit personal identifying (telephone: (202) 453–8048). The information from submissions. You address is Department of State, SA–44, should submit only information that you wish to make available publicly. All 301 4th Street, SW., Room 700, Washington, DC 20547–0001. 7 15 Dated: February 17, 2005. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 05–3700 Filed 2–24–05; 8:45 am] PO 00000 CFR 200.30–3(a)(12). Frm 00154 Fmt 4703 Sfmt 4703 Announcement Type: New Cooperative Agreement. Funding Opportunity Number: ECA/ A/E/EAP–05–01. Catalog of Federal Domestic Assistance Number: 00.000. Application Deadline: April 14, 2005. Executive Summary: The Office of Academic Programs of the Bureau of Educational and Cultural Affairs announces an open competition to administer the United States-East Timor (USET) Scholarship Program and the United States-South Pacific (USSP) Scholarship Program. Eligible applicants may submit a proposal to administer one or both of the scholarship programs. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to organize and carry out academic exchange program activities for students from East Timor and the sovereign island nations of the South Pacific (eligible nations are listed below in the Overview section). The grantee(s) will be responsible for all aspects of the programs, including publicity and recruitment of applicants; merit-based competitive selection; placement of students at an accredited U.S. academic institution; student travel to the U.S.; orientation; up to four years of U.S. degree study at the bachelor’s or master’s level; enrichment programming; advising, monitoring and support; pre-return activities; evaluation; and follow-up with program alumni. The duration of the grant(s) will be up to five years, beginning in Summer 2005. The Conference Report accompanying the FY–2005 Consolidated Appropriations Act (Pub. L. 108–447) earmarks $500,000 to support the U.S.-East Timor Scholarship Program and $500,000 to support the U.S.-South Pacific Scholarship Program. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9419-9420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-777]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51228; File No. SR-PCX-2005-18]


Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change to PCX Rules 
6.33 and 6.44, Amending Procedural Requirements for the PCX Market 
Maker and Floor Broker Examinations

February 18, 2005.
    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 February 4, 2005, the Pacific Exchange, Inc. (``PCX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II and III below, which Items have been prepared by PCX. PCX 
filed this proposal pursuant to Section 19(b)(3)(A) \3\ of the Act and 
Rule 19b-4(f)(6) 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    PCX proposes to amend PCX Rules 6.33 and 6.44 in order to amend the 
procedural requirements for the Market Maker and Floor Broker 
examinations. The text of the proposed rule change is available on 
PCX's Web site (https://www.pacificex.com/legal/legal_pending.html), at 
the PCX's Office of the Secretary, 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, PCX included statements 
concerning the purpose of and basis for its proposal and discussed any 
comments it received regarding the proposal. The text of these 
statements may be examined at the places specified in Item IV below. 
PCX 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
    PCX proposes to amend PCX Rules 6.33 (Registration of Market 
Makers) and 6.44 (Registration of Floor Brokers) in order to amend the 
procedural requirements for the Market Maker and Floor Broker 
examinations. These rules contain requirements that the Exchange give 
examinations with a specific number of questions (100 for Market Makers 
and 121 for Floor Brokers) and allow for a specific amount of time for 
the applicant to complete the examination (3 hours for Market Makers 
and 3 hours 30 minutes for Floor Brokers). With the implementation of 
PCX Plus, the Exchange's electronic order delivery, execution and 
reporting system for designated option issues through which orders and 
Quotes with Size are consolidated for execution and/or display, the 
Exchange completely revised its qualifying examinations in 2003. As 
such, the old requirements are no longer applicable and the rules need 
to be amended to remove the obsolete references.
    The Exchange continually reviews and modifies its qualifying 
examinations. The examinations are amended to reflect changes in the 
industry as well as specific trading rules applicable to the PCX. 
Questions are added and deleted as changes in the marketplace dictate. 
As such, the Exchange needs the ability to administer examinations 
without being required to submit a rule change to amend the number of 
questions or the amount of time for the applicant to complete the 
examination. Removing the current language from PCX Rules 6.33 and 6.44 
will give the Exchange much greater flexibility in administering such 
examinations. The Exchange represents that it will file any changes to 
the examinations, including the addition or removal of questions, 
changes in the time allotted for completion or any other aspect of the 
examination, with the Commission before implementing such changes in 
accordance with the Commission's current policy on examinations. The 
Exchange plans to continually monitor the examination process and make 
adjustments to both the examinations and the time allowed to complete 
the examinations when such adjustments are needed.
2. Statutory Basis
    PCX believes that the proposed rule change is consistent with 
Section 6(b)(5) of the Act,\5\ which requires the rules of the exchange 
be designed to facilitate transactions in securities, to promote just 
and equitable principles of trade, and to protect investors and the 
public interest. The PCX also believes that the proposed rule change is 
consistent with Section 6(c)(3) of the Act,\6\ which authorizes PCX to 
prescribe standards of training, experience, and competence for persons 
associated with PCX members.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    PCX does not believe that the proposed rule change will result in 
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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not:
    (i) significantly affect the protection of investors or the public 
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the

[[Page 9420]]

Act \7\ and Rule 19b-4(f)(6) thereunder.\8\ At any time within 60 days 
of the filing of such 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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 (https://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-PCX-2005-18 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609. All submissions should refer to File Number 
SR-PCX-2005-18. 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 Commission's Internet Web site (https://
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 such filing also will be available for 
inspection and copying at the principal office of the PCX. 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-PCX-2005-18 and should be 
submitted on or before March 18, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Margaret H. McFarland,
Deputy Secretary.
 [FR Doc. E5-777 Filed 2-24-05; 8:45 am]
BILLING CODE 8010-01-P
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