Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest, 55655 [05-18888]

Download as PDF Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55655 of the rules and OFPAs. Finally, these rules would also be amended to include the term ‘‘Market Surveillance officer’’ to conform to the current Exchange staff structure. (A) By order approve such proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. Deployment of the Automated Opening System The Exchange will deploy the automated opening system on an issueby-issue basis. The Exchange anticipates that at least 10 issues will be deployed on the system within four weeks from the date of approval of the rules relating to the system by the Commission, and that the system will be deployed for all options traded on the Exchange within twelve weeks of such approval. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.25 Jonathan G. Katz, Secretary. [FR Doc. 05–18899 Filed 9–21–05; 8:45 am] IV. Solicitation of Comments BILLING CODE 8010–01–P 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 22 in general, and furthers the objectives of Section 6(b)(5) of the Act 23 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and the national market system, and, in general, to protect investors and the public interest, by establishing rules for an automated opening system, thereby increasing the number of option orders handled electronically on the Exchange. 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 not necessary or appropriate in furtherance of the purposes of the Act.24 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 Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or (ii) as to which the Exchange consents, the Commission will: 22 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 24 Telephone conversation between Richard S. Rudolph, Vice President and Counsel, Phlx, and Terri L. Evans, Special Counsel, Division, Commission on September 14, 2005 (clarifying Phlx’s statement on burden on competition). 23 15 VerDate Aug<31>2005 14:53 Sep 21, 2005 Jkt 205001 Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: SMALL BUSINESS ADMINISTRATION Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Harbert Mezzanine Partners SBIC II, L.P. (‘‘Applicant’’), One Riverchase Parkway • Use the Commission’s Internet South, Birmingham, AL 35244, an SBIC comment form (https://www.sec.gov/ Applicant under the Small Business rules/sro.shtml); or Investment Act of 1958, as amended • Send an e-mail to rule(‘‘the Act’’), in connection with the comments@sec.gov. Please include File financing of a small concern, has sought Number SR–Phlx–2005–25 on the an exemption under section 312 of the subject line. Act and section 107.730, Financings which Constitute Conflicts of Interest, of Paper Comments the Small Business Administration (‘‘SBA’’) rules and regulations (13 CFR • Send paper comments in triplicate 107.730 (2004)). Harbert Mezzanine to Jonathan G. Katz, Secretary, Partners SBIC II, L.P. proposes to Securities and Exchange Commission, provide financing in the form of 100 F Street, NE., Washington, DC subordinated debt and Series B 20549–9303. convertible preferred stock to Optical All submissions should refer to File Experts Manufacturing, Inc. (‘‘OEM’’), Number SR–Phlx–2005–25. This file 8500 Tyron Street, Charlotte, NC 28273. number should be included on the The proceeds will be used to finance the subject line if e-mail is used. To help the recapitalization of OEM. Commission process and review your This investment requires an comments more efficiently, please use exemption from the prohibitions in 13 only one method. The Commission will CFR 107.730, Conflicts of Interest, post all comments on the Commission’s because OEM is an Associate of the Internet Web site (https://www.sec.gov/ Applicant by virtue of the greater than rules/sro.shtml). Copies of the 10 percent ownership interest held by submission, all subsequent Harbinger Mezzanine Partners, L.P. amendments, all written statements (‘‘Harbinger’’). with respect to the proposed rule Notice is hereby given that any change that are filed with the interested person may submit written Commission, and all written comments on the transaction to the communications relating to the Associate Administrator for Investment, proposed rule change between the U.S. Small Business Administration, Commission and any person, other than 409 Third Street, SW., Washington, DC those that may be withheld from the 20416. public in accordance with the Jaime Guzman-Fournier, provisions of 5 U.S.C. 552, will be available for inspection and copying in Associate Administrator for Investment. the Commission’s Public Reference [FR Doc. 05–18888 Filed 9–21–05; 8:45 am] Room. Copies of the filing also will be BILLING CODE 8025–01–P available for inspection and copying at the principal office of the Phlx. All comments received will be posted SMALL BUSINESS ADMINISTRATION without change; the Commission does Audit and Financial Management not edit personal identifying Advisory (AFMAC) information from submissions. You should submit only information that you wish to make available publicly. All Committee Meeting submissions should refer to File The U.S. Small Business Number SR–Phlx–2005–25 and should Administration’s Audit and Financial be submitted on or before October 13, 2005. 25 17 CFR 200.30–3(a)(12). Electronic Comments PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Notices]
[Page 55655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18888]


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SMALL BUSINESS ADMINISTRATION


Notice Seeking Exemption Under Section 312 of the Small Business 
Investment Act, Conflicts of Interest

    Notice is hereby given that Harbert Mezzanine Partners SBIC II, 
L.P. (``Applicant''), One Riverchase Parkway South, Birmingham, AL 
35244, an SBIC Applicant under the Small Business Investment Act of 
1958, as amended (``the Act''), in connection with the financing of a 
small concern, has sought an exemption under section 312 of the Act and 
section 107.730, Financings which Constitute Conflicts of Interest, of 
the Small Business Administration (``SBA'') rules and regulations (13 
CFR 107.730 (2004)). Harbert Mezzanine Partners SBIC II, L.P. proposes 
to provide financing in the form of subordinated debt and Series B 
convertible preferred stock to Optical Experts Manufacturing, Inc. 
(``OEM''), 8500 Tyron Street, Charlotte, NC 28273. The proceeds will be 
used to finance the recapitalization of OEM.
    This investment requires an exemption from the prohibitions in 13 
CFR 107.730, Conflicts of Interest, because OEM is an Associate of the 
Applicant by virtue of the greater than 10 percent ownership interest 
held by Harbinger Mezzanine Partners, L.P. (``Harbinger'').
    Notice is hereby given that any interested person may submit 
written comments on the transaction to the Associate Administrator for 
Investment, U.S. Small Business Administration, 409 Third Street, SW., 
Washington, DC 20416.

Jaime Guzman-Fournier,
Associate Administrator for Investment.
[FR Doc. 05-18888 Filed 9-21-05; 8:45 am]
BILLING CODE 8025-01-P
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