Pharos Capital Partners II, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest, 59793-59794 [05-20496]
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
Process. The Exchange also proposes
adding a definition to PCXE Rule 1.1 to
describe a LMM as an exclusive DMM
for primary listings. Further, the
Exchange proposes adding language to
PCXE Rule 7.22 regarding the
Registration of Market Makers to
provide the Corporation with the ability
to limit the number of DMMs with prior
written notice to ETP Holders.8 PCXE
Rule 7.22 already provides that the
Corporation may consider certain
performance and capability guidelines
in selecting Market Makers. The
Exchange also proposes adding DMM
and LMM selection criteria that is
consistent with the criteria described in
PCX Rule 6.82 for options LMMs.9 In
addition, the Exchange seeks to clarify
in PCXE Rule 7.24 that DMMs would be
required to maintain certain
performance standards which may vary
depending on the price, liquidity, and
volatility of the security. In particular,
such standards would include (i)
Percent of time at the NBBO; (ii) percent
of executions better than the NBBO; (iii)
average displayed size; (iv) average
quoted spread; and (v) in the event the
security is a derivative security, the
ability of the DMM to transact in the
underlying markets. The Exchange
would have the ability to modify the
specific levels to be used in defining the
performance standards, however, the
Exchange would not modify the types of
standards to be used. Lastly, PCXE Rule
7.25 would be modified to require
LMMs to register as Odd Lot Dealers in
the securities in which they are
registered as LMM. This modification
would ensure that odd lot executions
are facilitated for primary listings that
could not otherwise be routed away to
another market center for execution.
2. Statutory Basis
The Exchange believes that the
proposed rule change, as amended, is
consistent with Section 6(b) of the
Act,10 in general, and furthers the
objectives of Section 6(b)(5) of the Act,11
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
8 See
PCXE Rule 1.1(n).
PCX Rule 6.82(e) which states ‘‘The
Exchange will select that candidate who appears
best able to perform the functions of an LMM in the
designated option issue. Factors to be considered
for selection include, but are not limited to, the
following: experience with trading the option issue;
adequacy of capital; willingness to promote the
Exchange as a marketplace; operational capacity;
support personnel; history of adherence to
Exchange rules and securities laws; trading crowd
evaluations made pursuant to Rule 6.100; and any
other criteria specified in this Rule.’’
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(5).
9 See
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16:14 Oct 12, 2005
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equitable principals 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
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:
(A) by order approve such proposed
rule change, as amended, or
(B) institute proceedings to determine
whether the proposed rule change, as
amended, should be disapproved.
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:
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–2005–56 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
Number SR–PCX–2005–56. This file
number should be included on the
Frm 00080
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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
Section, Station Place, 100 F Street, NE.,
Washington, DC 20549. 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–
2005–56 and should be submitted on or
before November 3, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5–5594 Filed 10–12–05; 8:45 am]
BILLING CODE 8010–01–P
IV. Solicitation of Comments
PO 00000
59793
SMALL BUSINESS ADMINISTRATION
[License No. 06/76–0329]
Pharos Capital Partners II, L.P.; Notice
Seeking Exemption Under Section 312
of the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that Pharos
Capital Partners II, L.P., One Burton
Hills Blvd., Suite 180, Nashville, TN
37215, a Federal Licensee 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 § 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) Rules and Regulations (13 CFR
107.730). Pharos Capital Partners II, L.P.
proposes to provide equity/debt security
financing to Alereon, Inc. The financing
12 17
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CFR 200.30–3(a)(12).
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59794
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
is contemplated for working capital and
general corporate purposes.
The financing is brought within the
purview of § 107.730(a)(1) of the
Regulations because Pharos Capital
Partners, L.P. is an Associate of Pharos
Capital Partners II, L.P. which owns
more than ten percent of Alereon, Inc.
Therefore, Alereon, Inc. is considered
an Associate of Pharos Capital Partners
II, L.P. as defined in 13 CFR 107.50 of
the SBIC Regulations.
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 Guzmann-Fournier,
Associate Administrator for Investment.
[FR Doc. 05–20496 Filed 10–12–05; 8:45 am]
BILLING CODE 6025–01–P
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974 as Amended;
Computer Matching Program (SSA/
Department of Labor (DOL))—Match
Number 1003
AGENCY:
Social Security Administration
(SSA).
Notice of the renewal of an
existing computer matching program
which is scheduled to expire on
November 16, 2005.
ACTION:
SUMMARY: In accordance with the
provisions of the Privacy Act, as
amended, this notice announces the
renewal of an existing computer
matching program that SSA is currently
conducting with DOL.
DATES: SSA will file a report of the
subject matching program with the
Committee on Homeland Security and
Governmental Affairs of the Senate; the
Committee on Government Reform and
Oversight of the House of
Representatives; and the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB). The renewal of the matching
program will be effective as indicated
below.
Interested parties may
comment on this notice by either telefax
to (410) 965–8582 or writing to the
Associate Commissioner for Income
Security Programs, 245 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401. All
comments received will be available for
public inspection at this address.
ADDRESSES:
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16:14 Oct 12, 2005
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FOR FURTHER INFORMATION CONTACT:
The
Associate Commissioner for Income
Security Programs as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy
Protection Act of 1988 (Public Law
(Pub. L.) 100–503), amended the Privacy
Act (5 U.S.C. 552a) by describing the
manner in which computer matching
involving the Federal government could
be performed and adding certain
protections for individuals applying for
and receiving Federal benefits. Section
7201 of the Omnibus Budget
Reconciliation Act of 1990 (Pub. L. 101–
508) further amended the Privacy Act
regarding protections for such
individuals.
The Privacy Act, as amended,
regulates the use of computer matching
by Federal agencies when records in a
system of records are matched with
other Federal, State, or local government
records. It requires Federal agencies
involved in computer matching
programs to:
(1) Negotiate written agreements with
the other agency, or agencies,
participating in the matching programs;
(2) Obtain the approval of the
matching agreement by the Data
Integrity Boards (DIB) of the
participating Federal agencies;
(3) Publish notice of the computer
matching program in the Federal
Register;
(4) Furnish detailed reports about
matching programs to Congress and
OMB;
(5) Notify applicants and beneficiaries
that their records are subject to
matching; and
(6) Verify match findings before
reducing, suspending, terminating or
denying an individual’s benefits or
payments.
B. SSA Computer Matches Subject to
the Privacy Act
We have taken action to ensure that
all of SSA’s computer matching
programs comply with the requirements
of the Privacy Act, as amended.
Dated: September 27, 2005.
Martin H. Gerry,
Deputy Commissioner for Disability and
Income Security Programs.
Notice of Computer Matching
Program, Social Security Administration
(SSA) with the Department of Labor
(DOL)
A. Participating Agencies
PO 00000
SSA and DOL.
Frm 00081
Fmt 4703
Sfmt 4703
B. Purpose of the Matching Program
The purpose of this matching program
is to establish the conditions, terms, and
safeguards for DOL’s disclosure of Part
C Black Lung (BL) benefit data to SSA.
SSA will use the match results to verify
that recipients of Part C BL benefits are
receiving the correct amount of Social
Security disability benefits, as required
by the Social Security Act (the Act).
C. Authority for Conducting the
Matching Program
The legal authority for SSA to
conduct this matching activity is
contained in section 224(h)(1) of the Act
(42 U.S.C. 424a(h)(1)).
D. Categories of Records and
Individuals Covered by the Matching
Program
DOL will provide SSA with a file
extracted from the Office of Workers’
Compensation Programs’ BL Benefit
Payments File. The extracted file will
contain information about all live
miners, under age 65, entitled to Part C
BL benefits. Each record on the DOL file
will be matched with SSA’s Master
Beneficiary Record (SSA/OEEAS 60–
0090) to identify individuals potentially
subject to benefit reductions due to their
receipt of Part C BL benefits, under
section 224 of the Act (42 U.S.C. 424a).
E. Inclusive Dates of the Matching
Program
The matching program will become
effective upon signing of the agreement
by both parties to the agreement and
approval of the agreement by the Data
Integrity Boards of the respective
agencies, but no sooner than 40 days
after notice of the matching program is
sent to Congress and the Office of
Management and Budget, or 30 days
after publication of this notice in the
Federal Register, whichever date is
later. The matching program will
continue for 18 months from the
effective date and may be extended for
an additional 12 months thereafter, if
certain conditions are met.
[FR Doc. 05–20502 Filed 10–12–05; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974, as Amended;
Alterations to Existing System of
Records and New Routine Use
Disclosure
AGENCY:
Social Security Administration
(SSA).
Altered System of Records and
Proposed New Routine Use.
ACTION:
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Agencies
[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59793-59794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20496]
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SMALL BUSINESS ADMINISTRATION
[License No. 06/76-0329]
Pharos Capital Partners II, L.P.; Notice Seeking Exemption Under
Section 312 of the Small Business Investment Act, Conflicts of Interest
Notice is hereby given that Pharos Capital Partners II, L.P., One
Burton Hills Blvd., Suite 180, Nashville, TN 37215, a Federal Licensee
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 Sec. 107.730, Financings
which Constitute Conflicts of Interest of the Small Business
Administration (``SBA'') Rules and Regulations (13 CFR 107.730). Pharos
Capital Partners II, L.P. proposes to provide equity/debt security
financing to Alereon, Inc. The financing
[[Page 59794]]
is contemplated for working capital and general corporate purposes.
The financing is brought within the purview of Sec. 107.730(a)(1)
of the Regulations because Pharos Capital Partners, L.P. is an
Associate of Pharos Capital Partners II, L.P. which owns more than ten
percent of Alereon, Inc. Therefore, Alereon, Inc. is considered an
Associate of Pharos Capital Partners II, L.P. as defined in 13 CFR
107.50 of the SBIC Regulations.
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 Guzma[nacute]n-Fournier,
Associate Administrator for Investment.
[FR Doc. 05-20496 Filed 10-12-05; 8:45 am]
BILLING CODE 6025-01-P