Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect the Renaming of the NASDAQ SmallCap Market to the NASDAQ Capital Market, 76490-76491 [E5-7842]

Download as PDF 76490 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices (b) Institute proceedings to determine whether the proposed rule change should be disapproved. VI. 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: BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52982; No. SR–OCC–2005– 20] 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–OCC–2004–20 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. bjneal on PROD1PC70 with NOTICES For the Commission by the Division of Market Regulation, pursuant to delegated authority.3 Jonathan G. Katz, Secretary. [FR Doc. E5–7841 Filed 12–23–05; 8:45 am] Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect the Renaming of the NASDAQ SmallCap Market to the NASDAQ Capital Market December 19, 2005. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on December 8, 2005, The Options Clearing Corporation (‘‘OCC’’) filed with the All submissions should refer to File Securities and Exchange Commission Number SR–OCC–2004–20. This file (‘‘Commission’’) the proposed rule number should be included on the change described in Items I, II, and III subject line if e-mail is used. To help the below, which items have been prepared Commission process and review your primarily by OCC. The OCC filed the comments more efficiently, please use proposed rule change pursuant to only one method. The Commission will Section 19(b)(3)(A)(i) of the Act,2 and post all comments on the Commission’s Rule 19b–4(f)(1) 3 thereunder so that the Internet Web site (https://www.sec.gov/ proposal was effective upon filing with rules/sro.shtml). Copies of the the Commission. The Commission is submission, all subsequent publishing this notice to solicit amendments, all written statements comments on the rule change from with respect to the proposed rule interested parties. change that are filed with the I. Self-Regulatory Organization’s Commission, and all written Statement of the Terms of Substance of communications relating to the the Proposed Rule Change proposed rule change between the Commission and any person, other than The proposed rule change would those that may be withheld from the make a technical change to Rule public in accordance with the 604(b)(4). provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s available for inspection and copying in Statement of the Purpose of, and the Commission’s Public Reference Statutory Basis for, the Proposed Rule Section, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will Change be available for inspection and copying In its filing with the Commission, at the principal office of OCC and on OCC included statements concerning OCC’s Web site at https:// the purpose of and basis for the www.optionsclearing.com. proposed rule change and discussed any All comments received will be posted comments it received on the proposed without change; the Commission does rule change. The text of these statements not edit personal identifying may be examined at the places specified information from submissions. You in Item IV below. OCC has prepared should submit only information that summaries, set forth in sections (A), (B), you wish to make available publicly. All submissions should refer to File 3 17 CFR 200.30-3(a)(12). Number SR–OCC–2004–20 and should 1 15 U.S.C. 78s(b)(1). be submitted on or before January 17, 2 15 U.S.C. 78s(b)(3)(A)(i). 2006. 3 17 CFR 240.19b–4(f)(1). VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 and (C) below, of the most significant aspects of these statements.4 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The Nasdaq Stock Market, Inc. renamed the NASDAQ SmallCap Market as the NASDAQ Capital Market effective September 27, 2005. This rule change updates a reference to the NASDAQ SmallCap Market in Rule 604(b)(4) by making a conforming change. OCC believes the proposed rule change is consistent with Section 17A of the Act,5 as amended, because it ensures that OCC’s rules are accurate by reflecting the current name associated with a NASDAQ market tier. The proposed rule change is not inconsistent with the existing rules of OCC. B. Self-Regulatory Organization’s Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any burden on competition. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective upon filing pursuant to Section 19(b)(3)(A) of the Act 6 and Rule 19b–4(f)(1) 7 thereunder because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. At any time within sixty 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 4 The Commission has modified the text of the summaries prepared by OCC. 5 15 U.S.C. 78q–1. 6 15 U.S.C. 78s(b)(3)(A). 7 17 CFR 240.19b–4(f)(1). E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments SMALL BUSINESS ADMINISTRATION Committee Management; Notice of Renewal The Administrator of the U.S. Small Business Administration (SBA) has determined that the renewal of the Audit and Financial Management Advisory Committee is necessary and in the public interest in connection with the performance of duties imposed upon the Administrator, U.S. Small Business Administration by 15 U.S.C. 633. This Paper Comments determination follows consultation with • Send paper comments in triplicate the Management Secretariat, General to Jonathan G. Katz, Secretary, Services Administration. Securities and Exchange Commission, Name of Committee: Audit and 100 F Street, NE., Washington, DC Financial Management Advisory 20549–9303. Committee. Purpose and Objective: The All submissions should refer to File committee provides recommendations Number SR–OCC–2005–20. This file and advice regarding the Agency’s number should be included on the subject line if e-mail is used. To help the financial management, including the financial reporting process, systems of Commission process and review your internal controls, audit process and comments more efficiently, please use only one method. The Commission will process for monitoring compliance with post all comments on the Commission’s relevant laws and regulations. Balanced Membership Plans: The Internet Web site (https://www.sec.gov/ committee consists of at least three (3) rules/sro.shtml). Copies of the members including one Chairperson. submission, all subsequent Committee membership must be fairly amendments, all written statements balanced and diverse in terms of with respect to the proposed rule occupational background and type of change that are filed with the financial expertise. Commission, and all written Duration: Continuing. communications relating to the Responsible SBA Officials: Jennifer proposed rule change between the Commission and any person, other than Main, Chief Financial Officer, Office of Chief Financial Officer, U.S. Small those that may be withheld from the Business Administration, 409 3rd Street, public in accordance with the SW., Washington, DC 20416. provisions of 5 U.S.C. 552, will be available for inspection and copying in Dated: December 19, 2005. the Commission’s Public Reference Matthew K. Becker, Section, 100 F Street, NE., Washington, Committee Management Officer. DC 20549. Copies of such filings also [FR Doc. 05–24454 Filed 12–23–05; 8:45 am] will be available for inspection and BILLING CODE 8025–01–M copying at the principal office of OCC and on OCC’s Web site at https:// www.optionsclearing.com. All SMALL BUSINESS ADMINISTRATION comments received will be posted without change; the Commission does Committee Management; Notice of not edit personal identifying Renewal information from submissions. You The Administrator of the U.S. Small should submit only information that you wish to make available publicly. All Business Administration (SBA) has determined that the renewal of the submissions should refer to File Maine District Advisory Council is Number SR–OCC–2005–20 and should necessary and in the public interest in be submitted on or before January 17, connection with the performance of 2006. duties imposed upon the Administrator, For the Commission by the Division of U.S. Small Business Administration by Market Regulation, pursuant to delegated 15 U.S.C. 633. This determination 8 authority. follows consultation with the Jonathan G. Katz, Management Secretariat, General Secretary. Services Administration. [FR Doc. E5–7842 Filed 12–23–05; 8:45 am] Name of Committee: Maine District BILLING CODE 8010–01–P Advisory Council. Purpose and Objective: The Council 8 17 CFR 200.30–3(a)(12). provides advice and opinions regarding bjneal on PROD1PC70 with NOTICES • 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–OCC–2005–20 on the subject line. VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 76491 the effectiveness of and need for SBA programs, particularly within the local districts which members represent. Its members provide an essential connection between SBA, SBA program participants, and the local small business community. Balanced Membership Plans: The required minimum membership is 9 members. SBA selects members predominately from the private sector, including people from such industries as retail, manufacturing, and financial services. Members also include representatives from academia, the media, and appropriate Federal, State and local agencies. Duration: Continuing. Responsible SBA Officials: Mary E. McAlney, District Director, Maine District Office, U.S. Small Business Administration, 68 Sewall Street, Room 512, Augusta, ME 04330 Dated: December 19, 2005. Matthew K. Becker, Committee Management Officer. [FR Doc. E5–7816 Filed 12–23–05; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION Committee Management; Notice of Renewal The Administrator of the U.S. Small Business Administration (SBA) has determined that the renewal of the Washington DC District Advisory Council is necessary and in the public interest in connection with the performance of duties imposed upon the Administrator, U.S. Small Business Administration by 15 U.S.C. 633. This determination follows consultation with the Management Secretariat, General Services Administration. Name of Committee: Washington DC District Advisory Council. Purpose and Objective: The Council provides advice and opinions regarding the effectiveness of and need for SBA programs, particularly within the local districts which members represent. Its members provide an essential connection between SBA, SBA program participants, and the local small business community. Balanced Membership Plans: The required minimum membership is 9 members. SBA selects members predominately from the private sector, including people from such industries as retail, manufacturing, and financial services. Members also include representatives from academia, the media, and appropriate Federal, State and local agencies. Duration: Continuing. E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Notices]
[Pages 76490-76491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7842]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52982; No. SR-OCC-2005-20]


Self-Regulatory Organizations; the Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Reflect the Renaming of the NASDAQ SmallCap Market to the NASDAQ 
Capital Market

December 19, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on December 8, 2005, The 
Options Clearing Corporation (``OCC'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change described 
in Items I, II, and III below, which items have been prepared primarily 
by OCC. The OCC filed the proposed rule change pursuant to Section 
19(b)(3)(A)(i) of the Act,\2\ and Rule 19b-4(f)(1) \3\ thereunder so 
that the proposal was effective upon filing with the Commission. The 
Commission is publishing this notice to solicit comments on the rule 
change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(i).
    \3\ 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 proposed rule change would make a technical change to Rule 
604(b)(4).

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of these 
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries 
prepared by OCC.
---------------------------------------------------------------------------

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The Nasdaq Stock Market, Inc. renamed the NASDAQ SmallCap Market as 
the NASDAQ Capital Market effective September 27, 2005. This rule 
change updates a reference to the NASDAQ SmallCap Market in Rule 
604(b)(4) by making a conforming change.
    OCC believes the proposed rule change is consistent with Section 
17A of the Act,\5\ as amended, because it ensures that OCC's rules are 
accurate by reflecting the current name associated with a NASDAQ market 
tier. The proposed rule change is not inconsistent with the existing 
rules of OCC.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    OCC does not believe that the proposed rule change would impose any 
burden on competition.

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

    Written comments were not and are not intended to be solicited with 
respect to the proposed rule change, and none have been received.

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

    The foregoing proposed rule change has become effective upon filing 
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(1) \7\ 
thereunder because it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule. At any time within sixty 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule

[[Page 76491]]

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-OCC-2005-20 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-OCC-2005-20. 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 Section, 100 F Street, 
NE., Washington, DC 20549. Copies of such filings also will be 
available for inspection and copying at the principal office of OCC and 
on OCC's Web site at https://www.optionsclearing.com. 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-OCC-2005-20 and should be 
submitted on or before January 17, 2006.

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

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

Jonathan G. Katz,
Secretary.
[FR Doc. E5-7842 Filed 12-23-05; 8:45 am]
BILLING CODE 8010-01-P
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