60450 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

6 17 CFR 200.30–3(a)(12).

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml) or 

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

Number SR–OCC–2004–11 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 

Number SR–OCC–2004–09. 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 

Section, 450 Fifth Street, NW., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of OCC and on OCC’s Web site at 

http://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–2004–09 and should 

be submitted on or before October 29, 

2004. 

V. Conclusion 

On the basis of the foregoing, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and in 

particular Section 17A of the Act and 

the rules and regulations thereunder. 

It is therefore ordered, pursuant to 

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

proposed rule change (File No. SR–

OCC–2003–09) be and hereby is 

approved.

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.6

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2534 Filed 10–7–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF STATE

[Public Notice 4856] 

Bureau of Nonproliferation; 

Determination on Export-Import Bank 

Support for U.S. Exports to Libya

AGENCY: Bureau of Nonproliferation, 

Department of State.

ACTION: Notice.

SUMMARY: Pursuant to section 2(b)(4) of 

the Export-Import Bank Act of 1945, as 

amended, the President has determined 

and certified to Congress that it is in the 

national interest for the Export-Import 

Bank to guarantee, insure, or extend 

credit, or participate in the extension of 

credit in support of United States 

exports to Libya.

EFFECTIVE DATE: November 13, 2004.

FOR FURTHER INFORMATION CONTACT:

Caroline R. Russell, Office of Regional 

Affairs, Bureau of Nonproliferation, 

Department of State ((202) 647–9786).

SUPPLEMENTARY INFORMATION: In 

accordance with section 2(b)(4) of the 

Export-Import Bank Act of 1945, as 

amended, the Department of State 

determined that Libya has materially 

violated a safeguards agreement with 

the International Atomic Energy Agency 

(IAEA). This determination is based on 

the extensive Libyan nuclear activities 

conducted outside safeguards detailed 

in the IAEA Director General’s February 

20, 2004 report to the IAEA Board of 

Governors. It is also supported by the 

decision of the IAEA Board that Libya’s 

failure to meet the requirements of its 

safeguards agreement ‘‘constituted 

noncompliance’’ pursuant to Article 

XII.C. of the IAEA statute. As a result of 

this determination, under section 2(b)(4) 

of the Export Import Bank Act of 1945, 

the Board of Directors of the Export 

Import Bank is prohibited from giving 

‘‘approval to guarantee, insure, or 

extend credit, or participate in the 

extension of credit in support of United 

States exports’’ to Libya. 

The President has determined and 

certified to Congress pursuant to section 

2(b)(4) that ‘‘it is in the national 

interest’’ to waive the restrictions in the 

law and allow the Export-Import Bank 

to support United States exports to 

Libya. This Presidential determination 

removes this impediment to ExportImport Bank support for United States 

exports to Libya beginning November 

13, 2004 (45 days after the date the 

President’s determination and 

certification was submitted to Congress). 

The Export-Import Bank should be 

consulted about other legal provisions 

that may continue to restrict ExportImport Bank support for United States 

exports to Libya.

Dated: September 29, 2004. 

Susan F. Burk, 

Acting Assistant Secretary of State for 

Nonproliferation, Department of State.

[FR Doc. 04–22736 Filed 10–7–04; 8:45 am] 

BILLING CODE 4710–27–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS315] 

WTO Dispute Settlement Proceeding 

Regarding European Communities—

Selected Customs Matters

AGENCY: Office of the United States 

Trade Representative.

ACTION: Notice; request for comments.

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on September 21, 

2004, in accordance with the Marrakesh 

Agreement Establishing the World 

Trade Organization (‘‘WTO 

Agreement’’), the United States 

requested consultations with the 

European Communities regarding (a) the 

non-uniform administration by the 

European Communities of laws, 

regulations, judicial decisions, and 

administrative rulings pertaining to the 

classification and valuation of products 

for customs purposes, and to 

requirements, restrictions or 

prohibitions on imports, and (b) the 

failure of the European Communities to 

institute judicial, arbitral or 

administrative tribunals or procedures 

for the purpose, inter alia, of the prompt 

review and correction of administrative 

action relating to customs matters. 

USTR invites written comments from 

the public concerning the issues raised 

in this dispute.

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before November 8, 2004, to be assured 

of timely consideration by USTR.

ADDRESSES: Comments should be 

submitted (i) electronically, to 

FR0448@ustr.gov, Attn: ‘‘European 

Communities—Selected Customs