Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Obligations of Lead Market Makers, 54431-54432 [E5-5011]

Download as PDF Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 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. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.14 Jonathan G. Katz, Secretary. [FR Doc. E5–5012 Filed 9–13–05; 8:45 am] BILLING CODE 8010–01–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-NYSE–2005–55 on the subject line. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52390; File No. SR–PCX– 2005–103] 1. Purpose Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Obligations of Lead Market Makers September 7, 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 September 2, 2005, the Pacific Paper Comments Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) filed with the Securities and Exchange • Send paper comments in triplicate Commission (‘‘Commission’’) the to Jonathan G. Katz, Secretary, proposed rule change as described in Securities and Exchange Commission, Items I, II, and III below, which Items Station Place, 100 F Street, NE., have been substantially prepared by the Washington, DC 20549–9303. Exchange. The Exchange filed the All submissions should refer to File proposed rule change pursuant to Number SR-NYSE–2005–55. This file Section 19(b)(3)(A)(i) of the Act 3 and number should be included on the subject line if e-mail is used. To help the Rule 19b–4(f)(1) thereunder,4 which render the proposal effective upon filing Commission process and review your with the Commission. The Commission comments more efficiently, please use only one method. The Commission will is publishing this notice to solicit post all comments on the Commission’s comments on the proposed rule change from interested persons. Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s submission, all subsequent Statement of the Terms of Substance of amendments, all written statements the Proposed Rule Change with respect to the proposed rule The Exchange proposes to amend PCX change that are filed with the Rule 6.82(c)(15) to change the operative Commission, and all written date of the rule. The text of the communications relating to the proposed rule change is available on the proposed rule change between the Commission and any person, other than Exchange’s Web site (https:// www.pacificex.com), at the Exchange’s those that may be withheld from the Office of the Secretary, and at the public in accordance with the Commission’s Public Reference Room. provisions of 5 U.S.C. 552, will be available for inspection and copying in II. Self-Regulatory Organization’s the Commission’s Public Reference Statement of the Purpose of, and Room. Copies of such filing also will be Statutory Basis for, the Proposed Rule available for inspection and copying at Change the principal office of the NYSE. All In its filing with the Commission, the comments received will be posted Exchange included statements without change; the Commission does concerning the purpose of, and basis for, not edit personal identifying the proposed rule change and discussed information from submissions. You any comments it received on the should submit only information that you wish to make available publicly. All 14 17 CFR 200.30–3(a)(12). submissions should refer to File 1 15 U.S.C. 78s(b)(1). Number SR-NYSE–2005–55 and should 2 17 CFR 240.19b–4. be submitted on or before October 5, 3 15 U.S.C. 78s(b)(3)(A)(i). 2005. 4 17 CFR 240.19b–4(f)(1). VerDate Aug<18>2005 16:17 Sep 13, 2005 Jkt 205001 proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange 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 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: 54431 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 The purpose of this filing is to amend PCX Rule 6.82(c)(15), Obligations of Lead Market Makers, to change the operative date of the rule to January 1, 2006. This date allows the Exchange to implement the technology to automate the routing out over linkage of public customer orders, which will facilitate Lead Market Maker compliance with the rule 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 5 in general, and furthers the objectives of Section 6(b)(5) of the Act 6 in particular, because the proposed rule change is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 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. 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) of the Act 7 and paragraph (f) of Rule 5 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(A). At the request of the Exchange, the Commission staff has added the 6 15 E:\FR\FM\14SEN1.SGM Continued 14SEN1 54432 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 19b–4 thereunder,8 because it is a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. At any time within 60 days of the filing of the 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–2005–103 on the subject line. Paper Comments • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number SR-PCX–2005–103. 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 reference to subparagraph (A) in the reference to Section 19(b)(3)(A). Telephone conversation between Alden Adkins, Chief Regulatory Officer, Exchange, and Kim Allen, Attorney, Division of Market Regulation (‘‘Division’’), Commission, on September 7, 2005 8 17 CFR 240.19b–4(f). At the request of the Exchange, the Commission staff has changed the reference from subparagraph (e) to paragraph (f) of Rule 19b–4. Telephone conversation between Alden Adkins, Chief Regulatory Officer, Exchange, and Kim Allen, Attorney, Division, Commission, on September 7, 2005. VerDate Aug<18>2005 16:17 Sep 13, 2005 Jkt 205001 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 Exchange. 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–2005–103 and should be submitted on or before October 5, 2005. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Cherokee, Crawford, Neosho. The Interest Rates are: Percent Other (Including Non-profit Organizations) With Credit Available Elsewhere ................................. Businesses and Non-profit Organizations Without Credit Available Elsewhere ......................... 4.750 4.000 The number assigned to this disaster for physical damage is 10190. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Jonathan G. Katz, Secretary. [FR Doc. E5–5011 Filed 9–13–05; 8:45 am] (Catalog of Federal Domestic Assistance Number 59008) BILLING CODE 8010–01–P BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10190] [Disaster Declaration # 10189] Kansas Disaster # KS–00004 Louisiana Disaster # LA–00003 U.S. Small Business Administration. ACTION: Notice. AGENCY: U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Kansas (FEMA—1600—DR) dated 8/23/2005. Incident: Severe storms and flooding. Incident Period: 6/30/2005 through 7/ 1/2005. Effective Date: 8/23/2005. Physical Loan Application Deadline Date: 10/24/2005. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Disaster Area Office 3, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 8/23/2005, applications for Private NonProfit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. SUMMARY: 9 17 PO 00000 CFR 200.30–3(a)(12). Frm 00083 Fmt 4703 Sfmt 4703 Cheri L. Cannon, Acting Associate Administrator for Disaster Assistance. [FR Doc. 05–18202 Filed 9–13–05; 8:45 am] SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Louisiana (FEMA–1601– DR), dated 08/23/2005. Incident: Tropical Storm Cindy. Incident Period: 07/05/2005 through 07/06/2005. Effective Date: 08/23/2005. Physical Loan Application Deadline Date: 10/24/2005. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Disaster Area Office 3, 14925 Kingsport Road Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 08/23/2005, applications for Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54431-54432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5011]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52390; File No. SR-PCX-2005-103]


Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Obligations of Lead Market Makers

September 7, 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 September 2, 2005, the Pacific Exchange, Inc. (``PCX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been substantially prepared by the 
Exchange. The Exchange filed the proposed rule change pursuant to 
Section 19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) 
thereunder,\4\ which render 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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend PCX Rule 6.82(c)(15) to change the 
operative date of the rule. The text of the proposed rule change is 
available on the Exchange's Web site (https://www.pacificex.com), at the 
Exchange'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, the Exchange 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 Exchange 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
    The purpose of this filing is to amend PCX Rule 6.82(c)(15), 
Obligations of Lead Market Makers, to change the operative date of the 
rule to January 1, 2006. This date allows the Exchange to implement the 
technology to automate the routing out over linkage of public customer 
orders, which will facilitate Lead Market Maker compliance with the 
rule
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \5\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \6\ in particular, because the 
proposed rule change is designed to prevent fraudulent and manipulative 
acts and practices, to promote just and equitable principles of trade, 
to foster cooperation and coordination with persons engaged in 
facilitating transactions in securities, and to remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system.
---------------------------------------------------------------------------

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

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.

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) of the Act \7\ and paragraph (f) of Rule

[[Page 54432]]

19b-4 thereunder,\8\ because it is a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule. At any time within 60 days of the 
filing of the 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). At the request of the Exchange, the 
Commission staff has added the reference to subparagraph (A) in the 
reference to Section 19(b)(3)(A). Telephone conversation between 
Alden Adkins, Chief Regulatory Officer, Exchange, and Kim Allen, 
Attorney, Division of Market Regulation (``Division''), Commission, 
on September 7, 2005
    \8\ 17 CFR 240.19b-4(f). At the request of the Exchange, the 
Commission staff has changed the reference from subparagraph (e) to 
paragraph (f) of Rule 19b-4. Telephone conversation between Alden 
Adkins, Chief Regulatory Officer, Exchange, and Kim Allen, Attorney, 
Division, Commission, on September 7, 2005.
---------------------------------------------------------------------------

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-2005-103 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-PCX-2005-103. 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 Exchange. 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-2005-103 and should be submitted on or before 
October 5, 2005.

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

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

Jonathan G. Katz,
Secretary.
[FR Doc. E5-5011 Filed 9-13-05; 8:45 am]
BILLING CODE 8010-01-P
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