63428 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Notices 

8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(4). 10 17 CFR 200.30–3(a)(12).

could price an option accurately for any 

option where the primary volume in the 

underlying security shifted to another 

market. Generally, the most volume in 

an equity security occurs on the market 

where the security is listed, such that 

the listing market is known as the 

‘‘primary market’’ and Quoting 

Mechanisms use that market’s process 

to price the overlying option, as 

described further below. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Phlx included statements concerning 

the purpose of and basis for the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Phlx filed the proposed rule 

change to correct an economic outcome 

caused when one particular specialist 

unit was unable to price an option 

accurately because of a unique situation 

where: (i) The key liquidity, the most 

volume and often the best market are 

other than on the market where the 

security is primarily listed; and (ii) the 

specialist unit’s Quoting Mechanism is 

technologically tied to the price of the 

underlying security on its listed market. 

Specifically, the specialist unit was 

unable to secure technology changes to 

price the option using the ‘‘new’’

primary market quickly (as both the 

Exchange, respecting Auto-Quote, and 

outside vendors, respecting SQFs, could 

not make such extensive changes 

quickly and faced competing priorities); 

thus, the specialist unit has linked its 

failure to achieve the shortfall targets to 

these technology/pricing issues. 

Accordingly, this proposed rule change 

is limited in scope, and is intended to 

correct what the Exchange has 

determined is a limited, unfair outcome 

of its shortfall fee for this specific 

specialist unit. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,8 and furthers the 

objectives of Section 6(b)(4) of the Act 9

in particular, in that it is an equitable 

allocation of reasonable dues, fees and 

other charges. The Exchange believes 

that the proposal is reasonable and 

equitable because it is intended to 

correct a situation where the operation 

of its shortfall fee was incompatible 

with the technology available to price 

options, which caused an unfair and 

unintended fee result.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposal 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

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change, or 

B. Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 

No. SR-Phlx-2004-62 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-2004–62. 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 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 No. SR-Phlx-2004–

62 and should be submitted on or before 

November 22, 2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E4–2961 Filed 10–29–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3626] 

State of Louisiana; Amendment #2 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective October 

22, 2004, the above numbered 

declaration is hereby amended to 

reestablish the incident period for this 

disaster as beginning September 13, 

2004, and continuing through and 

including September 26, 2004. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 15, 2004, and for economic 

injury the deadline is June 15, 2005.

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Notices 63429

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: October 25, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–24278 Filed 10–29–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3631] 

State of Ohio; Amendment #3 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective October 

22, 2004, the above numbered 

declaration is hereby amended to 

include Lawrence County as a disaster 

area due to severe storms and flooding. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous county of 

Scioto in the State of Ohio; Boyd and 

Greenup Counties in the 

Commonwealth of Kentucky; and 

Wayne County 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 county 

have previously been declared. 

The economic injury number assigned 

to Kentucky is 9AI600. 

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 25, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–24280 Filed 10–29–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3634] 

Commonwealth of Puerto Rico; 

Amendment #3

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 the Municipality of Gurabo as a 

disaster area due to damages caused by 

Tropical Storm Jeanne. All other 

municipalities contiguous to the above 

named primary municipality have 

previously been declared. 

In addition, An ̃ asco, Ciales, Dorado, 

Fajardo, Florida, Guayanilla, Isabela, 

Juana Dı ́az, Juncos, Lares, Moca, 

Pen ̃uelas, Ponce, Salinas, San Juan, San 

Lorenzo, San Sebastian, Vega Alta, Vega 

Baja, and Yauco Municipalities in the 

Commonwealth of Puerto Rico 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 

municipalities. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 22, 2004, and for economic 

injury the deadline is June 21, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: October 25, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–24279 Filed 10–29–04; 8:45 am] 

BILLING CODE 8025–01–P

SOCIAL SECURITY ADMINISTRATION

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages that will require 

clearance by the Office of Management 

and Budget (OMB) in compliance with 

Pub. L. 104–13, the Paperwork 

Reduction Act of 1995, effective October 

1, 1995. The information collection 

packages that may be included in this 

notice are for revisions to OMBapproved information collections and 

extensions (no change) of OMBapproved information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and on ways 

to minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Written 

comments and recommendations 

regarding the information collection(s) 

should be submitted to the OMB Desk 

Officer and the SSA Reports Clearance 

Officer. The information can be mailed 

and/or faxed to the individuals at the 

addresses and fax numbers listed below:

(OMB), Office of Management and 

Budget, Fax: (202) 395–6974 

(SSA), Social Security Administration, 

DCFAM, Attn: Reports Clearance 

Officer, 1338 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: (410) 965–6400

I. The information collections listed 

below are pending at SSA and will be 

submitted to OMB within 60 days from 

the date of this notice. Therefore, your 

comments should be submitted to SSA 

within 60 days from the date of this 

publication. You can obtain copies of 

the collection instruments by calling the 

SSA Reports Clearance Officer at 410–

965–0454 or by writing to the address 

listed above. 

1. Reporting Events—SSI—20 CFR 

416.701–.732–0960–0128. SSA 

administers Federal Supplemental 

Security Income (SSI) benefits under 

Title XVI of the Social Security Act. SSI 

is a public assistance program that 

provides benefits to individuals who are 

disabled, blind, or aged and who have 

limited income and resources. To assure 

proper administration of SSI benefits, 

SSA periodically requests information 

from individuals to reevaluate their 

continuing SSI eligibility and payment 

amount using Form SSA–8150–EV. The 

form serves as a reminder to individuals 

as to what they need to report in order 

to retain their benefits. Form SSA–

8150–EV provides individuals with a 

way to report changes in their 

circumstances in writing. SSA uses the 

reported changes to determine SSI 

eligibility and correct payment amounts. 

Type of Request: Extension of an 

approved OMB information collection. 

Number of Respondents: 30,180. 

Frequency of Response: 1. 

Average Burden Per Response: 5 

minutes. 

Estimated Annual Burden: 2,515 

hours. 

2. Cessation or Continuance of 

Disability or Blindness Determination 

and Transmittal—20 CFR 404.1615, 20 

CFR 404.1512, and 20 CFR 404.1588–

1599—0960–0442. Form SSA–833–C3/

U3 is used by Disability Determination 

Services (DDS) to prepare continuance 

and cessation determinations of 

disability or blindness on Title II claims. 

The information is used in the course of 

the Federal SSA quality review of the 

determination. Form SSA–833–C3/U3 is 

also used to provide for SSA input on 

automated systems controls, e.g.

establish and or cancel diary controls, to 

establish a permanent longitudinal 

history of the claim, and to supply a 

statistical base to provide aggregate 

program information to SSA 

administrators, Congress, and the 

President. 

Type of Request: Extension of an 

approved OMB information collection. 

Number of Respondents: 303,564.