Notice of Action Subject to Intergovernmental Review Under Executive Order 12372, 39383-39384 [E6-10872]
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
consolidated last sale price varies
significantly from the NOCP or the
Primary Market Close, based on
information that becomes available after
the market close. If the post-close cross
would not execute within a preset
boundary (the ‘‘Threshold
Percentage’’),9 the cross would not
occur and be automatically cancelled by
Nasdaq.
sroberts on PROD1PC70 with NOTICES
III. Discussion
The Commission finds that the
proposed rule change is consistent with
Section 15A of the Exchange Act 10 and
the rules and regulations thereunder.11
Specifically, the Commission finds the
proposal to be consistent with Section
15A(b)(6) of the Exchange Act,12 which
requires the NASD’s rules to be
designed, among other things, 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 regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, and are not designed to
permit unfair discrimination between
customers, issuers, brokers, or dealers.
The Nasdaq Crossing Network would
provide market participants and
investors with an additional mechanism
for order execution. The Commission, in
relying on Nasdaq’s representation that
participation in the RPCs would be
voluntary and open to all Nasdaq
market participants and would not
result in any advantage to market
participants that participate in RPCs
over those market participants that do
not choose to participate, believes that
the Nasdaq Crossing Network is not
designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers.
Nasdaq has proposed to execute RPC
orders at a predetermined reference
price at a randomly selected point in
time during a one-minute trading
window. The Commission notes that
using the automated and random
matching mechanism to execute an RPC
cross should minimize the opportunity
9 Initially, the Threshold Percentage would be set
at ten percent, with a $0.50 difference between the
NCOP or the Primary Market Close and the
consolidated last sale price. Any changes to the
Threshold Percentage would be made in advance of
application and would be communicated to
members. Nasdaq would publish any changes to the
Threshold Percentage via its public NasdaqTrader
Web site.
10 15 U.S.C. 78o–3.
11 In approving this proposed rule change the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
12 15 U.S.C. 78o–3(b)(6).
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for manipulation. In addition, the
Commission notes that, should Nasdaq
desire to add more frequent crosses or
to modify the time of the crosses in the
future, it must submit a rule change to
the Commission pursuant to 19(b) of the
Exchange Act.13 Because RPC orders
that are executed during the regular
hours session would be executed at the
midpoint of the NBBO, it is possible
that a Nasdaq member would trade
ahead of a held customer order by less
than $0.01 (i.e., $0.005). The
Commission believes that such an event
would trigger a Manning Rule
obligation.14
The Commission believes that the
RPC is reasonably designed to promote
just and equitable principles of trade.
The Commission notes that any
transaction on the Crossing Network
effected in non-Nasdaq listed securities
would be subject to the relevant short
sale restrictions until Nasdaq requests
and receives appropriate relief.15 In
addition, the Commission notes
Nasdaq’s representation that this
proposed rule change will not alter the
continued accuracy of the
representations made by Nasdaq in the
letter requesting interpretive guidance
with respect to the application of Rule
11a2–2(T) under the Exchange Act that
was submitted in connection with
Nasdaq’s application for registration as
a national securities exchange.16
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Exchange Act,17
that the proposed rule change (SR–
NASD–2005–140), as amended by
Amendments No. 1 and 2, be, and it
hereby is, approved.
13 15
U.S.C. 78s.
supra note 5.
14 See
15 Id.
16 See letter to Nancy M. Morris, Secretary,
Commission, and Elizabeth King, Associate
Director, Division of Market Regulation,
Commission, from Edward S. Knight, Executive
Vice President and General Counsel, Nasdaq, dated
January 12, 2006. The ‘‘effect and execute’’ rule
provides exchange members with an exemption
from the prohibition in Section 11(a) of the
Exchange Act against a member of a national
securities exchange effecting transactions on that
exchange for its own account, the account of an
associated person, or an account over which it or
its associated person exercises discretion unless an
exception applies. In reliance on Nasdaq’s
representations in its letter, the Commission
concluded in its order approving Nasdaq’s
exchange registration application that Nasdaq
Exchange members that enter orders into Nasdaq
Execution Systems satisfy the requirements of Rule
11a2–2(T) under the Exchange Act. See Securities
Exchange Act Release No. 53128 (January 13, 2006),
71 FR 3550 (January 23, 2006) (File No. 10–131).
17 15 U.S.C. 78s(b)(2).
PO 00000
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39383
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.18
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6–10923 Filed 7–11–06; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
Notice of Action Subject to
Intergovernmental Review Under
Executive Order 12372
U.S. Small Business
Administration.
ACTION: Notice of Action Subject to
Intergovernmental Review Under
Executive Order 12372.
AGENCY:
SUMMARY: The Small Business
Administration (SBA) is notifying the
public that it intends to grant the
pending applications of 22 existing
Small Business Development Centers
(SBDCs) for refunding on October 1,
2006, subject to the availability of funds.
Six states do not participate in the EO
12372 process; therefore, their addresses
are not included. A short description of
the SBDC program follows in the
supplementary information below.
The SBA is publishing this notice at
least 60 days before the expected
refunding date. The SBDCs and their
mailing addresses are listed below in
the ADDRESSES section. A copy of this
notice also is being furnished to the
respective State single points of contact
designated under the Executive Order.
Each SBDC application must be
consistent with any area-wide small
business assistance plan adopted by a
State-authorized agency.
DATES: A State single point of contact
and other interested State or local
entities may submit written comments
regarding an SBDC refunding within 30
days from the date of publication of this
notice to the SBDC.
ADDRESSES:
Addresses of Relevant SBDC State
Directors
Mr. Al Salgado, Region Director, Univ.
of Texas at San Antonio, 501 West
Durango Blvd., San Antonio, TX
78207. (210) 458–2450.
Mr. Conley Salyer, State Director, West
Virginia Development Office, 950
Kanawha Boulevard, East Charleston,
WV 25301. (304) 558–2960.
Mr. Clinton Tymes, State Director,
University of Delaware, One
Innovation Way, Suite 301, Newark,
DE 19711. (302) 831–2747.
18 17
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CFR 200.30–3(a)(12).
12JYN1
39384
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
Ms. Carmen Marti, SBDC Director, Inter
American University of Puerto Rico,
Ponce de Leon Avenue, #416, Edificio
Union Plaza, Seventh Floor, Hato Rey,
PR 00918. (787) 763–6811.
Mr. Michael Young, Region Director,
University of Houston, 2302 Fannin,
Suite 200, Houston, TX 77002. (713)
752–8425.
Ms. Becky Naugle, State Director,
University of Kentucky, 225 Gatton
College of Business Economics,
Lexington, KY 40506–0034. (859)
257–7668.
Ms. Liz Klimback, Region Director,
Dallas Community College, 1402
Corinth Street, Dallas, TX 75212.
(214) 860–5835.
Ms. Rene Sprow, State Director, Univ. of
Maryland @ College Park, 7100
Baltimore Avenue, Suite 401,
Baltimore, MD 20742–1815. (301)
403–8300.
Mr. Craig Bean, Region Director, Texas
Tech University, 2579 South Loop
289, Suite 114, Lubbock, TX 79423–
1637. (806) 745–3973.
Ms. Debbie Popp, Acting State Director,
University of Wyoming, P.O. Box
3922, Laramie, WY 82071. (307) 766–
3505.
Mr. Max Summers, State Director,
University of Missouri, 1205
University Avenue, Suite 300,
Columbia, MO 65211. (573) 882–1348.
Mr. Jon Ryan, State Director, Iowa State
University, 340 Gerdin Business
Building, Ames, IA 50011–1350. (515)
294–2037.
Mr. James L. King, State Director, State
University of New York, Corporate
Woods Building, Albany, NY 12246.
(518) 641–0613.
Ms. Michele Abraham, State Director,
Ohio Department of Development, 77
South High Street, 28th Floor,
Columbus, OH 43216–1001. (614)
466–5102.
Ms. Lenae Quillen-Blume, State
Director, Vermont Technical College,
P.O. Box 188, Randolph Center, VT
05061–0188. (802) 728–9101.
Mr. Warren Bush, SBDC Director,
University of the Virgin Islands, 8000
Nisky Center, Suite 720, St. Thomas,
U.S. VI 00802–5804. (340) 776–3206.
FOR FURTHER INFORMATION CONTACT:
Antonio Doss, Associate Administrator
for SBDCs, U.S. Small Business
Administration, 409 Third Street, SW.,
Sixth Floor, Washington, DC 20416.
SUPPLEMENTARY INFORMATION:
Description of the SBDC Program
A partnership exists between SBA
and an SBDC. SBDCs offer training,
counseling and other business
development assistance to small
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18:23 Jul 11, 2006
Jkt 208001
businesses. Each SBDC provides
services under a negotiated Cooperative
Agreement with SBA, the general
management and oversight of SBA, and
a state plan initially approved by the
Governor. Non-Federal funds must
match Federal funds. An SBDC must
operate according to law, the
Cooperative Agreement, SBA’s
regulations, the annual Program
Announcement, and program guidance.
investment community, professional
associations, private consultants and
small business groups; and
(d) Maintain lists of private
consultants at each service center.
Dated: June 29, 2006.
Antonio Doss,
Associate Administrator for Small Business
Development Centers.
[FR Doc. E6–10872 Filed 7–11–06; 8:45 am]
BILLING CODE 8025–01–P
Program Objectives
The SBDC program uses Federal
funds to leverage the resources of states,
academic institutions and the private
sector to:
(a) Strengthen the small business
community;
(b) Increase economic growth;
(c) Assist more small businesses; and
(d) Broaden the delivery system to
more small businesses.
SBDC Program Organization
The lead SBDC operates a statewide
or regional network of SBDC service
centers. An SBDC must have a full-time
Director. SBDCs must use at least 80
percent of the Federal funds to provide
services to small businesses. SBDCs use
volunteers and other low cost resources
as much as possible.
SBDC Services
An SBDC must have a full range of
business development and technical
assistance services in its area of
operations, depending upon local needs,
SBA priorities and SBDC program
objectives. Services include training and
counseling to existing and prospective
small business owners in management,
marketing, finance, operations,
planning, taxes, and any other general
or technical area of assistance that
supports small business growth.
The SBA district office and the SBDC
must agree upon the specific mix of
services. They should give particular
attention to SBA’s priority and special
emphasis groups, including veterans,
women, exporters, the disabled, and
minorities.
SMALL BUSINESS ADMINISTRATION
Public Federal Regulatory
Enforcement Fairness Hearing U.S.
Small Business Administration Region
IX Regulatory Fairness Board
The U.S. Small Business
Administration (SBA) Region IX
Regulatory Fairness Board and the SBA
Office of the National Ombudsman will
hold a public hearing on Thursday, July
20, 2006, at 9 a.m. The meeting will take
place at the San Diego Unified Port
District, Don L. Nay Port Administration
Building, 3165 Pacific Highway, San
Diego, CA 92101–3500. The purpose of
the meeting is to receive comments and
testimony from small business owners,
small government entities, and small
non-profit organizations concerning
regulatory enforcement and compliance
actions taken by Federal agencies.
Anyone wishing to attend or to make
a presentation must contact Cynthia
Harris, in writing or by fax, in order to
be put on the agenda. Cynthia Harris,
Public Information Officer, SBA, 550
West C Street, Suite 550, San Diego, CA
92101–3500, phone (619) 557–7250, Ext.
1155 and fax (619) 557–5894, e-mail:
Cynthia.harris@sba.gov.
For more information, see our Web
site at https://www.sba.gov/ombudsman.
Matthew K. Becker,
Committee Management Officer.
[FR Doc. E6–10887 Filed 7–11–06; 8:45 am]
BILLING CODE 8025–01–P
SBDC Program Requirements
DEPARTMENT OF TRANSPORTATION
An SBDC must meet programmatic
and financial requirements imposed by
statute, regulations or its Cooperative
Agreement. The SBDC must:
(a) Locate service centers so that they
are as accessible as possible to small
businesses;
(b) Open all service centers at least 40
hours per week, or during the normal
business hours of its state or academic
Host Organization, throughout the year;
(c) Develop working relationships
with financial institutions, the
Office of the Secretary
PO 00000
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[Docket No. OST–2006–24502]
Notice of Request for Information
Collection Approval
Office of the Secretary,
Department of Transportation.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
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Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Pages 39383-39384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10872]
=======================================================================
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SMALL BUSINESS ADMINISTRATION
Notice of Action Subject to Intergovernmental Review Under
Executive Order 12372
AGENCY: U.S. Small Business Administration.
ACTION: Notice of Action Subject to Intergovernmental Review Under
Executive Order 12372.
-----------------------------------------------------------------------
SUMMARY: The Small Business Administration (SBA) is notifying the
public that it intends to grant the pending applications of 22 existing
Small Business Development Centers (SBDCs) for refunding on October 1,
2006, subject to the availability of funds. Six states do not
participate in the EO 12372 process; therefore, their addresses are not
included. A short description of the SBDC program follows in the
supplementary information below.
The SBA is publishing this notice at least 60 days before the
expected refunding date. The SBDCs and their mailing addresses are
listed below in the addresses section. A copy of this notice also is
being furnished to the respective State single points of contact
designated under the Executive Order. Each SBDC application must be
consistent with any area-wide small business assistance plan adopted by
a State-authorized agency.
DATES: A State single point of contact and other interested State or
local entities may submit written comments regarding an SBDC refunding
within 30 days from the date of publication of this notice to the SBDC.
ADDRESSES:
Addresses of Relevant SBDC State Directors
Mr. Al Salgado, Region Director, Univ. of Texas at San Antonio, 501
West Durango Blvd., San Antonio, TX 78207. (210) 458-2450.
Mr. Conley Salyer, State Director, West Virginia Development Office,
950 Kanawha Boulevard, East Charleston, WV 25301. (304) 558-2960.
Mr. Clinton Tymes, State Director, University of Delaware, One
Innovation Way, Suite 301, Newark, DE 19711. (302) 831-2747.
[[Page 39384]]
Ms. Carmen Marti, SBDC Director, Inter American University of Puerto
Rico, Ponce de Leon Avenue, 416, Edificio Union Plaza, Seventh
Floor, Hato Rey, PR 00918. (787) 763-6811.
Mr. Michael Young, Region Director, University of Houston, 2302 Fannin,
Suite 200, Houston, TX 77002. (713) 752-8425.
Ms. Becky Naugle, State Director, University of Kentucky, 225 Gatton
College of Business Economics, Lexington, KY 40506-0034. (859) 257-
7668.
Ms. Liz Klimback, Region Director, Dallas Community College, 1402
Corinth Street, Dallas, TX 75212. (214) 860-5835.
Ms. Rene Sprow, State Director, Univ. of Maryland @ College Park, 7100
Baltimore Avenue, Suite 401, Baltimore, MD 20742-1815. (301) 403-8300.
Mr. Craig Bean, Region Director, Texas Tech University, 2579 South Loop
289, Suite 114, Lubbock, TX 79423-1637. (806) 745-3973.
Ms. Debbie Popp, Acting State Director, University of Wyoming, P.O. Box
3922, Laramie, WY 82071. (307) 766-3505.
Mr. Max Summers, State Director, University of Missouri, 1205
University Avenue, Suite 300, Columbia, MO 65211. (573) 882-1348.
Mr. Jon Ryan, State Director, Iowa State University, 340 Gerdin
Business Building, Ames, IA 50011-1350. (515) 294-2037.
Mr. James L. King, State Director, State University of New York,
Corporate Woods Building, Albany, NY 12246. (518) 641-0613.
Ms. Michele Abraham, State Director, Ohio Department of Development, 77
South High Street, 28th Floor, Columbus, OH 43216-1001. (614) 466-5102.
Ms. Lenae Quillen-Blume, State Director, Vermont Technical College,
P.O. Box 188, Randolph Center, VT 05061-0188. (802) 728-9101.
Mr. Warren Bush, SBDC Director, University of the Virgin Islands, 8000
Nisky Center, Suite 720, St. Thomas, U.S. VI 00802-5804. (340) 776-
3206.
FOR FURTHER INFORMATION CONTACT: Antonio Doss, Associate Administrator
for SBDCs, U.S. Small Business Administration, 409 Third Street, SW.,
Sixth Floor, Washington, DC 20416.
SUPPLEMENTARY INFORMATION:
Description of the SBDC Program
A partnership exists between SBA and an SBDC. SBDCs offer training,
counseling and other business development assistance to small
businesses. Each SBDC provides services under a negotiated Cooperative
Agreement with SBA, the general management and oversight of SBA, and a
state plan initially approved by the Governor. Non-Federal funds must
match Federal funds. An SBDC must operate according to law, the
Cooperative Agreement, SBA's regulations, the annual Program
Announcement, and program guidance.
Program Objectives
The SBDC program uses Federal funds to leverage the resources of
states, academic institutions and the private sector to:
(a) Strengthen the small business community;
(b) Increase economic growth;
(c) Assist more small businesses; and
(d) Broaden the delivery system to more small businesses.
SBDC Program Organization
The lead SBDC operates a statewide or regional network of SBDC
service centers. An SBDC must have a full-time Director. SBDCs must use
at least 80 percent of the Federal funds to provide services to small
businesses. SBDCs use volunteers and other low cost resources as much
as possible.
SBDC Services
An SBDC must have a full range of business development and
technical assistance services in its area of operations, depending upon
local needs, SBA priorities and SBDC program objectives. Services
include training and counseling to existing and prospective small
business owners in management, marketing, finance, operations,
planning, taxes, and any other general or technical area of assistance
that supports small business growth.
The SBA district office and the SBDC must agree upon the specific
mix of services. They should give particular attention to SBA's
priority and special emphasis groups, including veterans, women,
exporters, the disabled, and minorities.
SBDC Program Requirements
An SBDC must meet programmatic and financial requirements imposed
by statute, regulations or its Cooperative Agreement. The SBDC must:
(a) Locate service centers so that they are as accessible as
possible to small businesses;
(b) Open all service centers at least 40 hours per week, or during
the normal business hours of its state or academic Host Organization,
throughout the year;
(c) Develop working relationships with financial institutions, the
investment community, professional associations, private consultants
and small business groups; and
(d) Maintain lists of private consultants at each service center.
Dated: June 29, 2006.
Antonio Doss,
Associate Administrator for Small Business Development Centers.
[FR Doc. E6-10872 Filed 7-11-06; 8:45 am]
BILLING CODE 8025-01-P