62738 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Notices 

24The Commission has considered the proposed 

rule’s impact on efficiency, competition and capital 

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

25 15 U.S.C. 78f(b)(4).

26See SR–Phlx–2004–50.

27See SR–Phlx–2004–56.

28 15 U.S.C. 78s(b)(3)(A).

29See Abrogation Order, supra note 19. Under 

Section 19(b)(3)(C) of the Act, any proposed rule 

change that has taken effect pursuant to section 

19(b)(3)(A) of the Act may be enforced to the extent 

it is not inconsistent with the Act, the rules and 

regulations thereunder, and applicable federal and 

state law. 15 U.S.C. 78s(b)(3)(C).

30See Securities Exchange Act Release No. 50471 

(September 29, 2004), 69 FR 59636 (October 5, 

2004) (SR–Phlx–2004–60).

31 15 U.S.C. 78s(b)(3)(C).

32See SR–Phlx–2004–50.

33See SR–Phlx–2004–56.

34See Abrogation Order, supra note 19.

35 15 U.S.C. 78s(b)(2).

36 15 U.S.C. 78s(b)(2).

37 17 CFR 200.30–3(a)(12).

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–2004–61 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–2004–61. 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–2004–61 and should 

be submitted on or before November 17, 

2004. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

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.24 Specifically, the 

Commission believes that the proposed 

rule change is consistent with section 

6(b)(4) of the Act,25 which requires that 

the rules of the Exchange provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and issuers and other persons 

using its facilities. 

On July 29, 2004 26 and August 16, 

2004,27 the Exchange filed proposed 

rule changes with the Commission, 

which were immediately effective,28

relating to the Exchange’s equity options 

payment for order flow program for 

trades settling on or after August 2, 

2004. On September 22, 2004, the 

Commission summarily abrogated these 

proposed rule changes.29 On that same 

day, the Exchange filed a proposed rule 

change, which was immediately 

effective, that implemented a new 

payment for order flow program for 

trades settling on or after September 22, 

2004.30 Because, under Section 

19(b)(3)(C) of the Act,31 the Abrogation 

Order does not affect the validity or 

force of the proposed rule changes filed 

on July 29, 2004,32 and August 16, 

200433 during the period that they were 

in effect (i.e., for trades settling on or 

after August 2, 2004 through September 

21, 2004), this proposed rule change 

would modify the Exchange’s equity 

options payment for order flow program 

that was in effect for trades settling on 

or after September 1, 2004 through 

September 21, 2004 to be consistent 

with the equity options payment for 

order flow program that has been in 

effect as of September 22, 2004.

The Exchange also proposes to permit 

specialists to request reimbursement for 

payment for order flow funds on an 

option-by-option basis and to rebate to 

the affected ROTs any excess funds 

collected, but not distributed to, 

specialists for trades settling on or after 

August 2, 2004 through August 30, 

2004. 

The Commission believes that the 

Exchange’s proposal to modify its equity 

options payment for order flow program 

that was in effect immediately 

preceding the Abrogation Order would 

provide for a uniform program for the 

month of September 2004 and thus 

would reduce confusion and promote 

consistency with respect to the 

application of its payment for order flow 

program for trades settling during the 

month of September 2004. The 

Commission further believes that the 

Exchange’s proposal to provide a 

method for distributing payment for 

order flow fees, on an option-by-option 

basis, for trades settling during August 

2004 and for rebating any excess fees 

that were collected but not distributed 

would provide an appropriate method 

for handling fees collected under the 

equity options payment for order flow 

program that was in effect for August 

2004, but was later summarily abrogated 

by the Commission.34 Therefore, the 

Commission finds that there is good 

cause, consistent with Section 19(b)(2) 

of the Act,35 to approve the proposed 

rule change prior to the 30th day of the 

date of publication of notice of filing 

thereof in the Federal Register.

V. Conclusion 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,36 that the 

proposed rule change (File No. SR–

Phlx–2004–61) be approved on an 

accelerated basis.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.37

J. Lynn Taylor, 

Assistant Secretary.

[FR Doc. E4–2868 Filed 10–26–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

Data Collection Available for Public 

Comments and Recommendations

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection.

DATES: Submit comments on or before 

December 27, 2004.

ADDRESSES: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Notices 62739

minimize the estimated burden and 

enhance the quality of the collection, to 

Edsel Brown, Assistant Administrator, 

Office of Technology, Small Business 

Administration, 409 3rd Street SW., 

Suite 8800, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Edsel M. Brown Jr., Assistant 

Administrator, 202–205–7343, 

edsel.brown@sba.gov or Curtis B. Rich, 

Management Analyst, 202–205–7030.

SUPPLEMENTARY INFORMATION:

Title: ‘‘Data Collection for SBIR/STTR 

Public and Government Databases’’. 

Description of Respondents: All firms 

or individuals applying for a Phase 1 or 

Phase II award from the SBIR or STTR 

programs. 

Form No.: N/A. 

Annual Responses: 30,000. 

Annual Burden: 15,000.

Jacqueline White, 

Chief, Administrative Information Branch.

[FR Doc. 04–24011 Filed 10–26–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4880] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Jacob 

van Ruisdael: Master of Landscape’’

AGENCY: Department of State.

ACTION: Notice.

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, 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 ‘‘Jacob van 

Ruisdael: Master of Landscape,’’

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 Los Angeles 

County Museum of Art, from on or 

about June 26, 2005, until on or about 

September 18, 2005, at the Philadelphia 

Museum of Art from on or about 

October 23, 2005 until on or about 

February 5, 2006, 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 the Office of 

the Legal Adviser, U.S. Department of 

State, (telephone: 202/619–6982). The 

address is U.S. Department of State, SA–

44, 301 4th Street, SW., Room 700, 

Washington, DC 20547–0001.

Dated: October 20, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–24053 Filed 10–26–04; 8:45 am] 

BILLING CODE 4710–08–U

DEPARTMENT OF STATE

[Public Notice 4824] 

Notice of Proposal To Extend the 

Memorandum of Understanding 

Between the Government of the United 

States of America and the Government 

of the Republic of El Salvador 

Concerning the Imposition of Import 

Restrictions on Certain Categories of 

Archaeological Material From the PreHispanic Cultures of the Republic of El 

Salvador 

The Government of the Republic of El 

Salvador has informed the Government 

of the United States of its interest in an 

extension of the Memorandum of 

Understanding Between the 

Government of the United States of 

America and the Government of the 

Republic of El Salvador Concerning the 

Imposition of Import Restrictions on 

Certain Categories of Archaeological 

Material from the Pre-Hispanic Cultures 

of the Republic of El Salvador. 

Pursuant to the authority vested in the 

Assistant Secretary for Educational and 

Cultural Affairs, and pursuant to the 

requirement under 19 U.S.C. 2602(f)(1), 

an extension of this Memorandum of 

Understanding is hereby proposed. 

Pursuant to 19 U.S.C. 2602(f)(2), the 

views and recommendations of the 

Cultural Property Advisory Committee 

regarding this proposal will be 

requested. 

A copy of this Memorandum of 

Understanding, the designated list of 

restricted categories of material, and 

related information can be found at the 

following Web site: http://

exchanges.state.gov/culprop.

Dated: October 18, 2004. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State.

[FR Doc. 04–24051 Filed 10–26–04; 8:45 am] 

BILLING CODE 4710–05–U

DEPARTMENT OF STATE

[Public Notice 4825] 

Notice of Meeting of the Cultural 

Property Advisory Committee 

In accordance with the provisions of 

the Convention on Cultural Property 

Implementation Act (19 U.S.C. 2601 et 

seq.) there will be a meeting of the 

Cultural Property Advisory Committee 

on Thursday, November 18, 2004, from 

approximately 9 a.m. to 5 p.m., and on 

Friday, November 19, from 

approximately 9 a.m. to 2 p.m., at the 

Department of State, Annex 44, Room 

840, 301 4th St., SW., Washington, DC. 

During its meeting the Committee will 

review a proposal to extend the 

Memorandum of Understanding 

Between the Government of the United 

States of America and the Government 

of the Republic of El Salvador 

Concerning the Imposition of Import 

Restrictions on Certain Categories of 

Archaeological Material from the PreHispanic Cultures of the Republic of El 

Salvador. The Government of the 

Republic of El Salvador has notified the 

Government of the United States of 

America of its interest in such an 

extension. The Committee will also 

conclude its review of a request from 

the Government of the Republic of 

Colombia, focusing on Colonial 

ethnological material. 

The Committee’s responsibilities are 

carried out in accordance with 

provisions of the Convention on 

Cultural Property Implementation Act 

(19 U.S.C. 2601 et seq.). The text of the 

Act, the text of the subject 

Memorandum of Understanding, and 

related information may be found at 

http://exchanges.state.gov/culprop.

Portions of the meeting on November 18 

and 19 will be closed pursuant to 5 

U.S.C. 552b(c)(9)(B) and 19 U.S.C. 

2605(h). However, on November 18, the 

Committee will hold an open session, 

approximately 11 a.m. to 12 Noon, to 

receive oral public comment on the 

proposal to extend. Persons wishing to 

attend this open session should notify 

the Cultural Heritage Center of the 

Department of State at (202) 619–6612 

by Thursday, November 5, 2004, 3 p.m. 

(EDT) to arrange for admission, as 

seating is limited. 

Those who wish to make oral 

presentations should request to be