Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62495

16 15 U.S.C. 78s(b)(3)(A).

17 17 CFR 240.19b–4(f)(6).

18For purposes only of accelerating the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f).

19See Securities Exchange Act Release No. 40642 

(November 5, 1998), 63 FR 63759 (November 16, 

1998) (SR–CBOE–98–43). 20 17 CFR 200.30–3(a)(12).

B.Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Phlx does not believe that the 

proposed rule change will impose any 

inappropriate burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the proposed rule change: (i) 

Does not significantly affect the 

protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) does not become operative for 30 

days (or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest) after the date of the 

filing, the proposed rule change has 

become effective pursuant to section 

19(b)(3)(A) of the Act 16 and Rule 19b–

4(f)(6) thereunder.17 At any time within 

60 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.

A proposed rule change filed under 

Rule 19b–4(f)(6) normally must not 

become operative prior to 30 days after 

the date of the filing. In addition, a selfregulatory organization filing a 

proposed rule change under Rule 19–

4(f)(6)(iii) normally must give the 

Commission written notice of its intent 

to file the proposed rule change five 

days prior to the date of filing. However, 

Rule 19b–4(f)(6)(iii) permits the 

Commission to designate a shorter time 

if such action is consistent with the 

protection of investors and the public 

interest. The Exchange provided the 

five-day pre-filing requirement, but the 

Exchange has requested that the 

Commission waive the 30-day operative 

delay and allow the proposed rule 

change become operative immediately 

to promote portfolio weight 

diversification, reduce Index 

performance distortion, reduce market 

impact on the smallest component 

securities from necessary weight 

rebalancings, and in general, retain the 

economic attributes of capitalization 

weighting. 

The Commission believes it is 

consistent with the protection of 

investors and the public interest to 

designate the proposal immediately 

operative.18 Accelerating the operative 

date should permit the Exchange to 

conform its methodology of the Index to 

that employed by the sponsor of the 

Index, KBW. Furthermore, the 

Commission believes that the proposed 

change in weighting methodology does 

not present any new novel regulatory 

issues, and is similar to proposed rule 

changes that were approved previously 

by the Commission.19 The Commission 

also finds determinative that the 

weighting methodology reduces the 

weighting concentration of components 

of the Index in a manner similar to that 

of Phlx Rule 1009A. Accordingly, the 

Commission designates the proposed 

rule change to be operative upon filing 

with the Commission.

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–Phlx–2004–64 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–Phlx–2004–64. 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 office of the Phlx. 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–Phlx–2004–64 and should 

be submitted on or before November 16, 

2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.20

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E4–2841 Filed 10–25–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3629] 

State of Georgia (Amendment #2) 

In accordance with notices received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

September 24 and 29, and October 14, 

2004, the above numbered declaration is 

hereby amended to include Clayton and 

Forsyth Counties as disaster areas due to 

damages caused by Hurricane Ivan 

occurring on September 14, 2004, and 

continuing. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous county of 

Spalding 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. 

In addition, Banks, Carroll, Cherokee, 

Dade, Dawson, DeKalb, Early, Elbert, 

Fannin, Forsyth, Franklin, Fulton, 

Gilmer, Habersham, Harris, Heard, 

Lumpkin, Madison, Miller, Pickens, 

Pike, Rabun, Towns, Union, Upson, 

White, and Wilkes Counties in the State 

of Georgia are also eligible under Public 

Assistance and our disaster loan 

62496 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

program is available for private nonprofit organizations that provide 

essential services of a governmental 

nature in those counties. 

The Public Assistance number 

assigned to Georgia is P07208. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 17, 2004, and for economic 

injury the deadline is June 20, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: October 19, 2004. 

Cheri L. Cannon, 

Acting Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23958 Filed 10–25–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3632] 

Commonwealth of Pennsylvania 

(Amendment #4) 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective October 

19, 2004, the above numbered 

declaration is hereby amended to 

include Elk and Potter Counties as 

disaster areas due to damages caused by 

Tropical Depression Ivan occurring on 

September 17, 2004, and continuing 

through October 1, 2004. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous county of 

Allegany in the State of New York 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. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 18, 2004, and for economic 

injury the deadline is June 20, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: October 20, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23959 Filed 10–25–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3630] 

Commonwealth of Pennsylvania 

(Amendment #1) 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective October 

19, 2004, the above numbered 

declaration is hereby amended to 

include Bedford, Butler, Erie, 

Huntingdon, Lawrence, Warren and 

Washington Counties as disaster areas 

due to damages caused by severe storms 

and flooding associated with Tropical 

Depression Frances occurring on 

September 8 and 9, 2004. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous counties of 

Armstrong, Clarion, Elk, Fayette, Forest, 

Franklin, Fulton, Greene, Juniata, 

McKean, Mifflin, Somerset, and 

Westmoreland in the Commonwealth of 

Pennsylvania; Allegany County in the 

State of Maryland; Cattaraugus and 

Chautauqua Counties in the State of 

New York; and Brooke, Marshall, and 

Ohio 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 named primary counties 

have previously been declared. 

The economic injury number assigned 

to Maryland is 9AH100 and New York 

is 9AH200. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 18, 2004, and for economic 

injury the deadline is June 20, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: October 20, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23961 Filed 10–25–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3642] 

Commonwealth of Virginia 

As a result of the President’s major 

disaster declaration on October 18, 

2004, I find that the independent cities 

of Salem and Roanoke, and the counties 

of Alleghany, Craig, Floyd, Giles, 

Montgomery, Patrick, and Roanoke in 

the Commonwealth of Virginia 

constitute a disaster area due to 

damages caused by severe storms and 

flooding from the remnants of Hurricane 

Jeanne occurring on September 27, 

2004, and continuing. Applications for 

loans for physical damage as a result of 

this disaster may be filed until the close 

of business on December 17, 2004, and 

for economic injury until the close of 

business on July 18, 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: Bath, 

Bedford, Bland, Botetourt, Carroll, 

Franklin, Henry, Pulaski, and 

Rockbridge in the Commonwealth of 

Virginia; Stokes and Surry Counties in 

the State of North Carolina; and 

Greenbrier, Mercer, Monroe, and 

Summers Counties in the State of West 

Virginia. 

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 364206. For 

economic injury the number is 9AF400 

for Virginia; 9AF500 for North Carolina; 

and 9AF600 for West Virginia.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: October 19, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23957 Filed 10–25–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3633] 

State of West Virginia (Amendment #3) 

In accordance with a notice received 

from the Department of Homeland