Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. Relating to FOCD Forms Due Date, 10159-10160 [E5-828]

Download as PDF Federal Register / Vol. 70, No. 40 / Wednesday, March 2, 2005 / Notices By the Commission. Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–825 Filed 3–1–05; 8:45 am] Part IIA BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51242; File No. SR–PCX– 2004–131] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. Relating to FOCD Forms Due Date February 23, 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 December 23, 2004, the Pacific Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’), through its wholly owned subsidiary PCX Equities, Inc. (‘‘PCXE’’), filed with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the self-regulatory organization. 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 The PCX proposes to amend the PCXE rules to change the due date of Financial and Operational Compliance Department (‘‘FOCD’’) Forms relating to SEC Rule X–17A–5. The text of the proposed rule change is below. Proposed new language is in italics. Proposed deletions are in brackets. Rules of the Pacific Exchange, Inc. Rule 4—Capital Requirements, Financial Reports, Margins * * Part II * * * Quarterly Reports Rule 4.5 (c) Two manually signed copies of Part II of SEC Form X–17A– 5 shall be filed for each calendar quarter by any OTP Holder or OTP Firm which carries or clears accounts for customers. Such report shall be due by the seventeenth [fifteenth] business [calendar] day following the end of the calendar quarter being reported upon. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. VerDate jul<14>2003 15:00 Mar 01, 2005 Jkt 205001 Quarterly Reports Rule 4.5 (d) Two manually signed copies of Part IIA of SEC Form X–17A– 5 shall be filed for each calendar quarter by any OTP Holder or OTP Firm which does not carry or clear accounts for customers. Such report shall be due by the seventeenth [fifteenth] business [calendar] day following the end of the calendar quarter being reported upon. Part II or Part IIA Filings on Other Than Calendar Quarters Rule 4.5 (e) An OTP Holder or OTP Firm shall file an additional Part II or Part IIA of SEC Form X–17A–5, as appropriate, within seventeen [fifteen] business [calendar] days after the date selected for the annual audited financial statements of the OTP Holder or OTP Firm, pursuant to the provisions of Rule 4.10, where such date does not coincide with the end of a calendar quarter. * * * * * Rules of PCX Equities, Inc. Rule 4—Capital Requirements, Financial Reports, Margins * * Part II * * * Quarterly Reports Rule 4.5 (b) Two manually signed copies of Part II of SEC Form X–17A– 5 shall be filed for each calendar quarter by any ETP Holder which carries or clears accounts for customers. Such report shall be due by the seventeenth [fifteenth] business [calendar] day following the end of the calendar quarter being reported upon. Part IIA Quarterly Reports Rule 4.5 (c) Two manually signed copies of Part IIA of SEC Form X–17A– 5 shall be filed for each calendar quarter by any ETP Holder which does not carry or clear accounts for customers. Such report shall be due by the seventeenth [fifteenth] business [calendar] day following the end of the calendar quarter being reported upon. Part II or Part IIA Filings on Other Than Calendar Quarters Rule 4.5 (e) An ETP Holder shall file an additional Part II or Part IIA of SEC Form X–17A–5, as appropriate, within seventeen [fifteen] business [calendar] days after the date selected for the annual audited financial statements of the ETP Holder, pursuant to the provisions of Rule 4.10, where such date does not coincide with the end of a calendar quarter. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 10159 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 self-regulatory organization 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 self-regulatory organization 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 Purpose The Exchange proposes to amend PCX Rules 4.5(c)–(e) and PCXE Rules 4.5(b)– (d) to update the due date of Quarterly Reports (SEC Form X–17A–5). The PCX proposes to amend the PCXE rules to adopt new fees for late Financial and Operational Compliance Department (‘‘FOCD’’) required forms. The Exchange currently requires that SEC Form X– 17A–5 be filed the fifteenth calendar day following the end of the quarter being reported upon. The Exchange proposes to amend the date to the seventeenth business day following the end of the calendar quarter being reported upon. This modification is an administrative change to make the Exchange rule due dates consistent with the filing requirements for such forms set forth in SEC Rule 17a–5.3 Basis The Exchange believes that the proposal is consistent with Section 6(b) 4 of the Act, in general, and Section 6(b)(4) 5 of the Act, in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among its OTP Holders, OTP Firms, ETP Holders, issuers, and other persons using its facilities. 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. 3 17 CFR 240.17a–5. U.S.C. 78f(b). 5 15 U.S.C. 78f(b)(4). 4 15 E:\FR\FM\02MRN1.SGM 02MRN1 10160 Federal Register / Vol. 70, No. 40 / Wednesday, March 2, 2005 / Notices C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(iii) 6 of the Act and subparagraph (f)(3) of Act Rule 19b–4 thereunder,7 because it is concerned solely with the administration of the Exchange. At any time within 60 days of the filing of such proposed rule change, the Commission could have summarily abrogated such rule change if it appeared to the Commission that such action was necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance 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: 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 will also 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–2004–131 and should be submitted on or before March 23, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.8 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–828 Filed 3–1–05; 8:45 am] BILLING CODE 8010–01–P SMALL BUSINESS ADMINISTRATION Region 1—Maine District Advisory Council Public Meeting; Correction The U.S. Small Business Administration, Maine District Advisory Council, located in the geographical area of Augusta, Maine, will be hosting a public meeting to discuss such matters as may be presented by members, staff of the U.S. Small Business Administration, or others present. Previously, the meeting was scheduled Paper Comments for Tuesday, March 22, 2005, and has been canceled for a later date. The • Send paper comments in triplicate meeting has been rescheduled for to Jonathan G. Katz, Secretary, Wednesday, March 30, 2005, at 10 a.m. Securities and Exchange Commission, The meeting will take place at the U.S. 450 Fifth Street, NW., Washington, DC Small Business Administration, Maine 20549–0609. All submissions should refer to File District Office, 68 Sewall Street, Room Number SR–PCX–2004–131. This file 510, Augusta, Maine. number should be included on the Anyone wishing to attend must subject line if e-mail is used. To help the contact Mary McAleney in writing or by Commission process and review your fax. Mary McAleney, District Director, comments more efficiently, please use U.S. Small Business Administration, 68 only one method. Copies of the Sewall Street, Room 512, Augusta, submission, all subsequent Maine 04330, (207) 622–8386 telephone, amendments, all written statements (207) 622–8277 fax. with respect to the proposed rule change that are filed with the Matthew K. Becker, Commission, and all written Committee Management Officer. communications relating to the [FR Doc. 05–3984 Filed 3–1–05; 8:45 am] proposed rule change between the Commission and any person, other than BILLING CODE 8025–01–P 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–2004–131 on the subject line. 6 15 7 17 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(3). VerDate jul<14>2003 15:00 Mar 01, 2005 8 17 Jkt 205001 PO 00000 CFR 200.30–3(a)(12). Frm 00090 Fmt 4703 Sfmt 4703 DEPARTMENT OF STATE [Public Notice 5007] Advisory Committee on International Economic Policy; Notice of Open Meeting The Advisory Committee on International Economic Policy (ACIEP) will meet from 1:30 p.m. to 4:30 p.m. on Wednesday, March 16, 2005, in Room 1107, U.S. Department of State, 2201 C Street NW., Washington, DC. The meeting will be hosted by Assistant Secretary of State for Economic and Business Affairs E. Anthony Wayne and Committee Chairman R. Michael Gadbaw. Topics for the meeting are (1) a discussion of U.S. visa policy, and (2) the Central American—Dominican Republic Free Trade Agreement. The ACIEP serves the U.S. Government in a solely advisory capacity concerning issues and problems in international economic policy. This meeting is open to the public as seating capacity allows. Entry to the building is controlled and will be facilitated by advance arrangements. Members of the public planning to attend should provide, by March 10, their name, professional affiliation, social security number (or other identification, such as driver’s license), date of birth, and citizenship to Gwendolyn Jackson by fax (202) 647– 5936, e-mail (jacksongl@state.gov), or telephone (202) 647–0847. For additional information, contact David Freudenwald, Office of Economic Policy and Public Diplomacy, Bureau of Economic and Business Affairs, at (202) 647–2231 or freudenwalddj@state.gov. Dated: February 25, 2005. Daniel Clune, Office Director, Office of Economic Policy Analysis and Public Diplomacy, Department of State. [FR Doc. 05–4119 Filed 3–1–05; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA–02–11392] Insurer Reporting Requirements; Reports Under 49 U.S.C. on Section 33112(c) National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of availability. AGENCY: SUMMARY: This notice announces publication by NHTSA of the annual E:\FR\FM\02MRN1.SGM 02MRN1

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[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Notices]
[Pages 10159-10160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-828]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51242; File No. SR-PCX-2004-131]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. 
Relating to FOCD Forms Due Date

February 23, 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 December 23, 2004, the Pacific Exchange, Inc. (``PCX'' or 
``Exchange''), through its wholly owned subsidiary PCX Equities, Inc. 
(``PCXE''), filed with the Securities and Exchange Commission 
(``Commission'' or ``SEC'') the proposed rule change as described in 
Items I, II and III below, which Items have been prepared by the self-
regulatory organization. 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.
---------------------------------------------------------------------------

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

    The PCX proposes to amend the PCXE rules to change the due date of 
Financial and Operational Compliance Department (``FOCD'') Forms 
relating to SEC Rule X-17A-5. The text of the proposed rule change is 
below. Proposed new language is in italics. Proposed deletions are in 
brackets.

Rules of the Pacific Exchange, Inc.

Rule 4--Capital Requirements, Financial Reports, Margins

* * * * *

Part II Quarterly Reports

    Rule 4.5 (c) Two manually signed copies of Part II of SEC Form X-
17A-5 shall be filed for each calendar quarter by any OTP Holder or OTP 
Firm which carries or clears accounts for customers. Such report shall 
be due by the seventeenth [fifteenth] business [calendar] day following 
the end of the calendar quarter being reported upon.

Part IIA Quarterly Reports

    Rule 4.5 (d) Two manually signed copies of Part IIA of SEC Form X-
17A-5 shall be filed for each calendar quarter by any OTP Holder or OTP 
Firm which does not carry or clear accounts for customers. Such report 
shall be due by the seventeenth [fifteenth] business [calendar] day 
following the end of the calendar quarter being reported upon.

Part II or Part IIA Filings on Other Than Calendar Quarters

    Rule 4.5 (e) An OTP Holder or OTP Firm shall file an additional 
Part II or Part IIA of SEC Form X-17A-5, as appropriate, within 
seventeen [fifteen] business [calendar] days after the date selected 
for the annual audited financial statements of the OTP Holder or OTP 
Firm, pursuant to the provisions of Rule 4.10, where such date does not 
coincide with the end of a calendar quarter.
* * * * *

Rules of PCX Equities, Inc.

Rule 4--Capital Requirements, Financial Reports, Margins

* * * * *

Part II Quarterly Reports

    Rule 4.5 (b) Two manually signed copies of Part II of SEC Form X-
17A-5 shall be filed for each calendar quarter by any ETP Holder which 
carries or clears accounts for customers. Such report shall be due by 
the seventeenth [fifteenth] business [calendar] day following the end 
of the calendar quarter being reported upon.

Part IIA Quarterly Reports

    Rule 4.5 (c) Two manually signed copies of Part IIA of SEC Form X-
17A-5 shall be filed for each calendar quarter by any ETP Holder which 
does not carry or clear accounts for customers. Such report shall be 
due by the seventeenth [fifteenth] business [calendar] day following 
the end of the calendar quarter being reported upon.

Part II or Part IIA Filings on Other Than Calendar Quarters

    Rule 4.5 (e) An ETP Holder shall file an additional Part II or Part 
IIA of SEC Form X-17A-5, as appropriate, within seventeen [fifteen] 
business [calendar] days after the date selected for the annual audited 
financial statements of the ETP Holder, pursuant to the provisions of 
Rule 4.10, where such date does not coincide with the end of a calendar 
quarter.

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 self-regulatory organization 
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 self-regulatory organization 
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

Purpose
    The Exchange proposes to amend PCX Rules 4.5(c)-(e) and PCXE Rules 
4.5(b)-(d) to update the due date of Quarterly Reports (SEC Form X-17A-
5). The PCX proposes to amend the PCXE rules to adopt new fees for late 
Financial and Operational Compliance Department (``FOCD'') required 
forms. The Exchange currently requires that SEC Form X-17A-5 be filed 
the fifteenth calendar day following the end of the quarter being 
reported upon. The Exchange proposes to amend the date to the 
seventeenth business day following the end of the calendar quarter 
being reported upon. This modification is an administrative change to 
make the Exchange rule due dates consistent with the filing 
requirements for such forms set forth in SEC Rule 17a-5.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 240.17a-5.
---------------------------------------------------------------------------

Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) \4\ of the Act, in general, and Section 6(b)(4) \5\ of the Act, in 
particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among its OTP Holders, OTP 
Firms, ETP Holders, issuers, and other persons using its facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

[[Page 10160]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments on the proposed rule change were neither solicited 
nor received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) \6\ of the Act and subparagraph (f)(3) of Act Rule 
19b-4 thereunder,\7\ because it is concerned solely with the 
administration of the Exchange. At any time within 60 days of the 
filing of such proposed rule change, the Commission could have 
summarily abrogated such rule change if it appeared to the Commission 
that such action was necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
Act.
---------------------------------------------------------------------------

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

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-2004-131 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-2004-131. 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. 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 will also 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-2004-131 and should be 
submitted on or before March 23, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-828 Filed 3-1-05; 8:45 am]
BILLING CODE 8010-01-P
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