Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60925

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

8 15 U.S.C. 78f(b)(5).

9 15 U.S.C. 78s(b)(3)(A).

10 17 CFR 240.19b–4(f)(6).

11The Commission considers the 60-day period 

within which the Commission may summarily 

abrogate the proposal under Section 19(b)(3)(C) of 

the Act to have commenced on September 17, 2004, 

the date the Amex filed Amendment No. 1 to the 

proposal. 12 17 CFR 200.30–3(a)(12).

existing FLEX index options (and other 

listed options). The margin that will be 

required for a purchase of the proposed 

FLEX index options in a margin account 

will be the same margin that is required 

for a purchase of other listed long-term 

options (options with more than nine 

months until expiration) and will be 

required to comply with the provisions 

of Amex Rule 462(d)(2)(D). 

According to the Amex, the proposal 

will allow institutions to use longerterm FLEX index options to protect 

portfolios from long-term market moves 

with a known and limited cost. The 

Amex believes that the proposal will 

better serve the long-term hedging needs 

of institutional investors and provide 

those investors with an alternative to 

hedging their portfolios with offexchange customized options and 

warrants. 

By allowing for the extension of the 

maturity of FLEX index options to ten 

years in situations where there is 

demand for a longer-term expiration and 

where there is sufficient liquidity 

among FLEX index participating 

members to support the request, the 

Amex believes that the proposal will 

better serve the needs of the Amex’s 

customers and members who make a 

market for such customers.

2. Statutory Basis 

The Exchange believes that its 

proposed rule change is consistent with 

Section 6(b) of the Act,7 in general, and 

furthers the objectives of Section 6(b)(5) 

of the Act,8 in particular, in that it is 

designed to remove impediments to and 

perfect the mechanism for a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest.

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 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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change: (1) 

Does not significantly affect the 

protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) does not become operative for 30 

days from the date on which it was 

filed, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 9 and Rule 

19b–4(f)(6) thereunder.10 As required 

under Rule 19b–4(f)(6)(iii), the Amex 

provided the Commission with written 

notice of its intention to file the 

proposed rule change at least five 

business days prior to filing the 

proposal with the Commission or such 

shorter period as designated by the 

Commission.

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the 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.11

IV. 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: 

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–Amex–2004–73 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–Amex–2004–73. 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. Copies of the filing also will be 

available for inspection and copying at 

the principal offices of the Amex. 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–Amex–2004–73 and should 

be submitted on or before November 3, 

2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E4–2576 Filed 10–12–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3635] 

State of Florida (Amendment #1) 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

September 30, 2004, the above 

numbered declaration is hereby 

amended to include Alachua, Baker, 

Bradford, Charlotte, Citrus, Clay, 

Columbia, DeSoto, Dixie, Duval, Flagler, 

Gilchrist, Glades, Hamilton, Hendry, 

Jefferson, Lafayette, Levy, Madison, 

Manatee, Nassau, Putnam, Sarasota, St. 

Johns, Suwannee, Taylor, and Union as 

disaster areas due to damages caused by 

Hurricane Jeanne occurring on 

September 24, 2004 and continuing. 

In addition, applications for economic 

injury loans from small businesses 

60926 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

located in the contiguous counties of 

Collier, Lee, Leon, and Wakulla in the 

State of Florida; and Brooks, Camden, 

Charleton, Clinch, Echols, Lowndes, 

Thomas, and Ware Counties in the State 

of Georgia may be filed until the 

specified date at the previously 

designated location. All other counties 

contiguous to the above named primary 

counties have previously been declared. 

The economic injury disaster number 

assigned to Georgia is 9AE300. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 26, 2004 and for economic 

injury the deadline is June 27, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008)

Dated: October 6, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–22928 Filed 10–12–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3636] 

State of New Jersey 

As a result of the President’s major 

disaster declaration on October 1, 2004, 

I find that Hunterdon, Mercer, Sussex, 

and Warren Counties in the State of 

New Jersey constitute a disaster area 

due to damages caused by Tropical 

Depression Ivan occurring on September 

18, 2004, and continuing. Applications 

for loans for physical damage as a result 

of this disaster may be filed until the 

close of business on November 30, 2004 

and for economic injury until the close 

of business on July 1, 2005 at the 

address listed below or other locally 

announced locations: U.S. Small 

Business Administration, Disaster Area 

1 Office, 360 Rainbow Blvd., South 3rd 

Fl., Niagara Falls, NY 14303–1192. 

In addition, applications for economic 

injury loans from small businesses 

located in the following contiguous 

counties may be filed until the specified 

date at the above location: Burlington, 

Middlesex, Monmouth, Morris, Passaic, 

and Somerset in the State of New Jersey; 

Orange County in the State of New 

York; and Bucks, Monroe, Northampton, 

and Pike Counties in the 

Commonwealth of Pennsylvania. 

Mercer, Sussex, and Warren Counties 

in the State of New Jersey are also 

eligible under Public Assistance and our 

disaster loan program is available for 

private non-profit organizations that 

provide essential services of a 

governmental nature in those counties. 

The interest rates are:

Percent 

For Physical Damage: 

Homeowners with credit available elsewhere ...................... 6.375 

Homeowners without credit 

available elsewhere ............... 3.187 

Businesses with credit available 

elsewhere .............................. 5.800 

Businesses and non-profit organizations without credit available elsewhere ...................... 2.900 

Others (including non-profit organizations) with credit available elsewhere ...................... 4.875 

For Economic Injury: 

Businesses and small agricultural cooperatives without 

credit available elsewhere ..... 2.900 

The number assigned to this disaster 

for physical damage is 363608. For 

economic injury the number is 9AD600 

for New Jersey; 9AD700 for New York; 

and 9AD800 for Pennsylvania. The 

Public Assistance number assigned to 

New Jersey is P06108.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008)

Dated: October 5, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–22933 Filed 10–12–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3637] 

State of New York 

As a result of the President’s major 

disaster declaration on October 1, 2004, 

I find that Broome, Chenango, Delaware, 

Orange, Sullivan, and Ulster Counties in 

the State of New York constitute a 

disaster area due to damages caused by 

Tropical Depression Ivan occurring on 

September 16–24, 2004. Applications 

for loans for physical damage as a result 

of this disaster may be filed until the 

close of business on November 30, 2004 

and for economic injury until the close 

of business on July 1, 2005 at the 

address listed below or other locally 

announced locations: U.S. Small 

Business Administration, Disaster Area 

1 Office, 360 Rainbow Blvd., South 3rd 

Fl., Niagara Falls, NY 14303–1192. 

In addition, applications for economic 

injury loans from small businesses 

located in the following contiguous 

counties may be filed until the specified 

date at the above location: Columbia, 

Cortland, Dutchess, Greene, Madison, 

Otsego, Putnam, Rockland, Schoharie, 

Tioga and Westchester in the State of 

New York; Passaic and Sussex Counties 

in the State of New Jersey; and Pike, 

Susquehanna, and Wayne Counties in 

the Commonwealth of Pennsylvania. 

The interest rates are:

Percent 

For Physical Damage: 

Homeowners with credit available elsewhere ...................... 6.375 

Homeowners without credit 

available elsewhere ............... 3.187 

Businesses with credit available 

elsewhere .............................. 5.800 

Businesses and non-profit organizations without credit available elsewhere ...................... 2.900 

Others (including non-profit organizations) with credit available elsewhere ...................... 4.875 

For Economic Injury: 

Businesses and small agricultural cooperatives without 

credit available elsewhere ..... 2.900 

The number assigned to this disaster 

for physical damage is 363708. For 

economic injury the number is 9AD900 

for New York; 9AE100 for New Jersey; 

and 9AE200 for Pennsylvania.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008)

Dated: October 5, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–22932 Filed 10–12–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3631] 

State of Ohio (Amendment #2) 

In accordance with notices received 

from the Department of Homeland 

Security ‘‘Federal Emergency 

Management Agency ‘‘effective 

September 27 and 29, 2004, the above 

numbered declaration is hereby 

amended to establish the incident 

period for this disaster as beginning 

August 27, 2004, and continuing 

through September 27, 2004. The 

declaration is also amended to include 

Athens, Gallia, Mahoning, Meigs, and 

Vinton Counties as disaster areas due to 

severe storms and flooding. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous counties of 

Jackson, Lawrence, and Ross in the State 

of Ohio; and Cabell, Jackson, and Mason 

Counties in the State of West Virginia 

may be filed until the specified date at 

the previously designated location. All 

other counties contiguous to the above