58210 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 

11 17 CFR 200.30–3(a)(12).

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3See Securities Exchange Act Release No. 50191 

(August 13, 2004), 69 FR 51504.

4The term ‘‘Non-OTP Holder Market Maker’’

includes, but is not limited to, specialists, 

designated primary market makers, lead market 

makers, market makers, registered options traders, 

primary market makers and competitive market 

makers registered on an exchange other than the 

PCX. See PCX Rule 6.1(b)(35).

5 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f).

6 15 U.S.C. 78f(b).

7 15 U.S.C. 78f(b)(5).

8 15 U.S.C. 78s(b)(2).

9 17 CFR 200.30–3(a)(12).

• Send e-mail to rulecomments@sec.gov. Please include File 

No. SR–CHX–2003–07 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

No. SR–CHX–2003–07. 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 (http://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, 450 Fifth Street, NW., 

Washington, DC 20549–0609. Copies of 

such filing will also be available for 

inspection and copying at the principal 

office of the CHX. 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 No. SR–CHX–2003–

07 and should be submitted on or before 

October 20, 2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–21839 Filed 9–28–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50430; File No. SR–PCX–

2004–78] 

Self-Regulatory Organizations; Pacific 

Exchange, Inc.; Order Approving a 

Proposed Rule Change Relating to 

Priority and Order Allocation 

Procedures for PCX Plus 

September 23, 2004. 

On August 10, 2004, the Pacific 

Exchange, Inc. (‘‘PCX’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend PCX Rule 6.76 (Priority and 

Allocation Procedures of PCX Plus) to 

eliminate the requirement that inbound 

marketable Broker Dealer orders route to 

Floor Broker Hand Held Terminals in 

some trading scenarios in lieu of 

receiving immediate electronic 

executions and to eliminate Electronic 

Book Execution pursuant to PCX Rule 

6.76(b)(4). The proposed rule change 

was published for comment in the 

Federal Register on August 19, 2004.3

The Commission received no comments 

on the proposal.

The Exchange proposes to amend PCX 

Rule 6.76 to allow Firm and Non-OTP 

Holder Market Maker 4 orders to 

immediately execute on PCX Plus. The 

PCX also proposes to remove the 

restrictions on an order entered by a 

Firm or Non-OTP Holder or OTP Firm 

Market Maker less than one minute 

before the inbound order. In addition, 

the Exchange proposes to eliminate the 

40% participation limitation currently 

placed on a Firm, Non-OTP Holder or 

OTP Firm Market Maker for an inbound 

order that is not entirely filled. Finally, 

the PCX proposes to eliminate the 

Electronic Book Execution rules set 

forth in PCX Rule 6.76(b)(4) that prevent 

PCX Market Makers from immediately 

executing orders against the 

Consolidated Book.

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange 5 and, in particular, 

the requirements of section 6(b) of the 

Act 6 and the rules and regulations 

thereunder. The Commission finds that 

the proposed rule change is consistent 

with section 6(b)(5) of the Act,7 which 

requires that the rules of an exchange be 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest.

Specifically, the Commission finds 

that, in eliminating restrictions which 

prevent Firm and Non-OTP Market 

Maker orders from immediately 

executing, the proposed rule changes 

should provide greater efficiencies in 

the marketplace. In particular, the 

Commission believes that allowing PCX 

Market Makers to immediately execute 

against the Consolidated Book by 

eliminating the Electronic Book 

Execution rules of PCX Rule 6.76.(b)(4) 

should improve the speed of executions 

at the PCX. 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,8 that the 

proposed rule change (File No. SR–

PCX–2004–78) be, and hereby is, 

approved.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–21838 Filed 9–28–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF STATE

[Public Notice 4844] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Comic 

Grotesque: Wit and Mockery in 

German Art, 1870–1940’’

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58211

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Comic 

Grotesque: Wit and Mockery in German 

Art, 1870–1940’’ imported from abroad 

for temporary exhibition within the 

United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners. I also determine that the 

exhibition or display of the exhibit 

objects at the Neue Galerie New York, 

New York, New York, from on or about 

October 15, 2004 to on or about 

February 14, 2005, and at possible 

additional venues yet to be determined, 

is in the national interest. Public Notice 

of these Determinations is ordered to be 

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Wolodymyr 

R. Sulzynsky, the Office of the Legal 

Adviser, Department of State 

(telephone: (202) 619–5078). The 

address is: 301 4th Street, SW., (SA–44), 

Room 700, Washington, DC 20547–

0001.

Dated: September 22, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–21793 Filed 9–28–04; 8:45 am] 

BILLING CODE 4710–08–P

DEPARTMENT OF STATE

[Public Notice 4843] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘A 

Feast of Color: Selections From the 

Noro Foundation’’

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236 of October 19, 1999, 

as amended, and Delegation of 

Authority No. 257 of April 15, 2003 [68 

FR 19875], I hereby determine that the 

objects to be included in the exhibition 

‘‘A Feast of Color: Selections from the 

Noro Foundation,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to a loan agreement with the 

foreign owner. I also determine that the 

exhibition or display of the exhibit 

objects at the High Museum of Art, 

Atlanta, GA from on or about October 9, 

2004 to on or about January 23, 2005, 

and at possible additional venues yet to 

be determined, is in the national 

interest. Public Notice of these 

determinations is ordered to be 

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, Department of State, 

(telephone: 202/619–6981). The address 

is Department of State, SA–44, 301 4th 

Street, SW., Room 700, Washington, DC 

20547–0001.

Dated: September 22, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–21794 Filed 9–28–04; 8:45 am] 

BILLING CODE 4710–08–P

DEPARTMENT OF STATE

[Public Notice 4842] 

Determination Related to Colombian 

Armed Forces Under Section 563 of 

Foreign Operations, Export Financing, 

and Related Programs Appropriations 

Act, Division D, Consolidated 

Appropriations Act, 2004, (Pub. L. 108–

199) 

Pursuant to the authority vested in me 

as Secretary of State, including under 

section 563 of the Foreign Operations, 

Export Financing, and Related Programs 

Appropriations Act, Division D, 

Consolidated Appropriations Act, 2004, 

(Pub. L. 108–199), I hereby determine 

and certify, in accordance with the 

conditions contained in section 

563(a)(2), that: (A) The Commander 

General of the Colombian Armed Forces 

is suspending from the Armed Forces 

those members, of whatever rank who, 

according to the Minister of Defense or 

the Procuraduria General de la Nacion, 

have been credibly alleged to have 

committed gross violations of human 

rights, including extra-judicial killings, 

or to have aided or abetted paramilitary 

organizations; (B) the Colombian 

Government is vigorously investigating 

and prosecuting those members of the 

Colombian Armed Forces, of whatever 

rank, who have been credibly alleged to 

have committed gross violations of 

human rights, including extra-judicial 

killings, or to have aided or abetted 

paramilitary organizations, and is 

promptly punishing those members of 

the Colombian Armed Forces found to 

have committed such violations of 

human rights or to have aided or abetted 

paramilitary organizations; (C) the 

Colombian Armed Forces have made 

substantial progress in cooperating with 

civilian prosecutors and judicial 

authorities in such cases (including 

providing requested information, such 

as the identity of persons suspended 

from the Armed Forces and the nature 

and cause of the suspension, and access 

to witnesses, relevant military 

documents, and other requested 

information); (D) the Colombian Armed 

Forces have made substantial progress 

in severing links (including denying 

access to military intelligence, vehicles, 

and other equipment or supplies, and 

ceasing other forms of active or tacit 

cooperation) at the command, battalion, 

and brigade level, with paramilitary 

organizations, especially in regions 

where these organizations have a 

significant presence; (E) the Colombian 

Armed Forces are dismantling 

paramilitary leadership and financial 

networks by arresting commanders and 

financial backers, especially in regions 

where these networks have a significant 

presence. 

The Department of State has 

consulted with internationally 

recognized human rights organizations 

regarding the Colombian Armed Forces’

progress in meeting the conditions 

contained in section 563(a)(2), as 

required in section 563(c). 

This Determination shall be published 

in the Federal Register and copies shall 

be transmitted to the appropriate 

committees of Congress.

Colin L. Powell, 

Secretary of State, Department of State.

[FR Doc. 04–21795 Filed 9–28–04; 8:45 am] 

BILLING CODE 4710–29–P

DEPARTMENT OF STATE

[Public Notice 4817] 

Defense Trade Advisory Group; Notice 

of Open Meeting

AGENCY: Department of State.

ACTION: Notice.

The Defense Trade Advisory Group 

(DTAG) will meet in open session from 

9 a.m. to 12 noon on Thursday, October 

21, 2004, in Room 1912 at the U.S. 

Department of State, Harry S. Truman 

Building, Washington, DC. Entry and 

registration will begin at 8:15. Please 

use the building entrance located at 

23rd Street, NW., Washington, DC, 

between C&D streets. The membership