65490 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

4See Securities Exchange Act Release No. 48597 

(October 7, 2003), 68 FR 59439 (October 15, 2003) 

(SR–PCX–2003–57).

5See Securities Exchange Act Release No. 45680 

(April 2, 2002), 67 FR 17094 (April 9, 2002) (SR–

PCX–2002–16). 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 200.30–3(a)(12).

Fingerprinting Fee: $35 [$30] fee per 

applicant for registration as ETP 

Holder (includes any control person 

listed on Schedule A of Form BD) 

or Market Maker Authorized 

Trader. Fee is also applicable to 

each Authorized Trader and its 

designated supervisor associated 

with an ETP Holder for which PCX 

is DEA.

* * * * *

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 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposal. The text of these statements 

may be examined at the places specified 

in Item IV below. The PCX 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 Exchange proposes to make a 

change to the Schedule with respect to 

the fingerprinting fee and the 

investigation fee for PCXE. 

In September 2003, the Exchange 

modified the PCX membership fees 

relating to the options orientation fee.4

Previously, the orientation and testing 

fee ($1,000) was comprised of different 

components including orientation and 

examination administration, 

background investigations and 

fingerprinting. Due to the launch of PCX 

Plus, the Exchange reconfigured a 

development and delivery process for 

the Exchange’s orientation and testing 

program and proposed to revise the 

options orientation and test fee to allow 

separate charges for the options 

orientation fee ($1,000), the background 

investigations ($125), and the 

fingerprinting fee ($35).

In establishing these new options fees, 

the Exchange inadvertently failed to 

modify the existing PCXE fingerprinting 

fee and investigation fee 5 to match the 

proposed fee changes for PCX options. 

At that time, the PCXE fingerprinting fee 

was $100 and the investigation fee was 

$30. Therefore, the Exchange proposes 

to modify the PCXE fingerprinting fee 

and investigation fee in order to make 

the fees identical to the PCX options 

fingerprinting fee and investigation fee.

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act, in general, and Section 

6(b)(4) of the Act, in particular, in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among its ETP Holders, issuers 

and other persons using the facilities. 

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 that is 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 

Written comments on the proposed 

rule change were neither solicited nor 

received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) 6 of the Act and 

subparagraph (f)(2) of Rule 19b–4 

thereunder because it establishes or 

changes a due, fee, or other charged 

imposed by the Exchange. At any time 

within 60 days of the filing of such 

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.

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 SR–

PCX–2004–103 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 SR–

PCX–2004–103. 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 such filing also will be 

available for inspection and copying at 

the principal office of the PCX. 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 SR–PCX–

2004–103 and should be submitted on 

or before December 3, 2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.7

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3150 Filed 11–10–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3639; Amendment 

#2] 

State of Minnesota 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

November 3, 2004, the above 

declaration is hereby amended to 

include Martin and Olmsted Counties as 

disaster areas due to damages caused by 

severe storms and flooding occurring on 

September 14, 2004, and continuing 

through September 27, 2004. 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65491

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous counties of 

Cottonwood, Jackson, Wabasha, 

Watonwan, and Winona in the State of 

Minnesota; and Emmet County in the 

State of Iowa may be filed until the 

specified date at the previously 

designated location. All other counties 

contiguous to the above primary 

counties have previously been declared. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

December 6, 2004, and for economic 

injury the deadline is July 7, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: November 4, 2004. 

Cheri L. Cannon, 

Acting Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–25224 Filed 11–10–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster No. 3643] 

State of Tennessee 

Dyer and Wayne Counties and the 

contiguous counties of Crockett, 

Decatur, Gibson, Hardin, Lake, 

Lauderdale, Lawrence, Lewis, Obion, 

and Perry in the State of Tennessee; 

Pemiscot County in the State of 

Missouri; Mississippi County in the 

State of Arkansas; and Lauderdale 

County in the State of Alabama 

constitute a disaster area as a result of 

tornadoes and heavy rains on October 

18–19, 2004. Applications for loans for 

physical damage as a result of this 

disaster may be filed until the close of 

business on January 3, 2005, and for 

economic injury until the close of 

business on August 3, 2005, at the 

address listed below or other locally 

announced locations: U.S. Small 

Business Administration, Disaster Area 

2 Office, One Baltimore Place, Suite 

300, Atlanta, GA 30308. 

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 

Percent 

For Economic Injury:

Businesses and Small Agricultural Cooperatives Without 

Credit Available Elsewhere ... 2.900 

The number assigned to this disaster 

for physical damage is 364312 for 

Tennessee, 364412 for Missouri, 364512 

for Arkansas, and 364612 for Alabama. 

The number assigned to this disaster for 

economic injury damage is 9AI700 for 

Tennessee, 9AI800 for Missouri, 9AI900 

for Arkansas, and 9AJ100 for Alabama.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: November 3, 2004. 

Hector V. Barreto, 

Administrator.

[FR Doc. 04–25225 Filed 11–10–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4890] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Saint 

John the Baptist’’ and ‘‘Saint 

Onuphrius’’

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, 

‘‘Saint John the Baptist’’ and ‘‘Saint 

Onuphrius,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to a loan 

agreement with the foreign owner. I also 

determine that the exhibition or display 

of the exhibit objects as part of the 

European Paintings Galleries of the 

Metropolitan Museum of Art, New York, 

NY, from on or about November 15, 

2004, to on or about April 6, 2005, 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 Julianne 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State, (telephone: 202/619–6529). The 

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

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

Washington, DC 20547–0001.

Dated: November 8, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–25296 Filed 11–10–04; 8:45 am] 

BILLING CODE 4710–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Summary Notice No. PE–2004–84] 

Petitions for Exemption; Dispositions 

of Petitions Issued

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of dispositions of prior 

petitions. 

SUMMARY: Pursuant to FAA’s rulemaking 

provisions governing the application, 

processing, and disposition of petitions 

for exemption part 11 of Title 14, Code 

of Federal Regulations (14 CFR), this 

notice contains a summary of certain 

dispositions of certain petitions 

previously received. The purpose of this 

notice is to improve the public’s 

awareness of, and participation in, this 

aspect of FAA’s regulatory activities.

FOR FURTHER INFORMATION CONTACT: Tim 

Adams (202) 267–8033, or Sandy 

Buchanan-Sumter (202) 267–7271, 

Office of Rulemaking (ARM–1), Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85 and 11.91.

Anthony F. Fazio, 

Director, Office of Rulemaking.

Dispositions of Petitions 

Docket No.: FAA–2004–18501. 

Petitioner: Inter Island Airways, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.152. 

Description of Relief Sought/

Disposition: To permit Inter island 

Airways, Inc., to the extent necessary to 

operate its Dornier 228–212 airplane, 

Registration N228ST, subject to certain 

conditions and limitations. Grant, 10/

14/2004, Exemption No. 8424.

Docket No.: FAA–2004–19159. 

Petitioner: Monterey Bay Chapter of 

the International Organization of the 

Ninety-Nines, Inc.