69444 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Notices 

12See Id.

13See Id.

14 15 U.S.C. 78s(b)(2).

15 Id.

16 17 CFR 200.30–3(a)(12).

Exchange’s proposal, among other 

things, to exclude from the definition of 

public arbitrator attorneys, accountants, 

and other professionals whose firms 

have derived 10 percent or more of their 

annual revenue, in the last two years, 

from clients involved in the activities 

defined as non-public is reasonably 

designed to reduce a perception of bias 

by Exchange arbitration panel members. 

The Exchange’s proposal to expand the 

definition of ‘‘immediate family 

member’’ in PCX Rule 12.8(d) and PCXE 

Rule 12.9(d) to include parents, 

stepparents, children, or stepchildren, 

as well as any member of the arbitrator’s 

household is also consistent with the 

Act. 

The Commission believes that the 

Exchange’s proposal to exclude from the 

definition of public arbitrator attorneys, 

accountants, and other professionals 

whose firms derived 10 percent or more 

of their annual revenue, in the last two 

years, from clients involved in the 

activities defined in the definition of 

non-public arbitrator is reasonably 

designed to reduce a perception of bias 

by Exchange arbitration panel members. 

The Perino Report recommended that 

the NASD and NYSE consider an 

expansion of the definition of 

‘‘immediate family member’’ to include 

parents and children, even if the parent 

or child do not share the same home or 

receive substantial support from a nonpublic arbitrator.12 The PCX has 

considered this same issue and has 

determined to expand the term as was 

recommended in the Perino Report with 

regard to the arbitration rules of the 

NASD and the NYSE. The Commission 

believes it is reasonable for the PCX to 

further expand the definition of nonpublic arbitrator by including 

stepparents and step children as well as 

parents, children, and any household 

member in the definition of immediate 

family member. The Perino Report 

noted, generally, that ‘‘no classification 

rule could ever precisely define public 

and non-public arbitrators; there will 

always be classification questions at the 

margins about which reasonable people 

will differ.’’ 13 Thus, the Commission 

believes that the PCX’s amendments to 

the definition of public arbitrator, 

including the 10 percent threshold and 

definition of ‘‘immediate family 

member’’ are consistent with the Act.

The PCX has represented that the 

proposed amendments to PCX Rule 12 

and PCXE Rule 12 would substantially 

conform its arbitration rules relating to 

arbitrator classification, challenges, and 

disclosure to the existing arbitration 

rules of the NASD, which the 

Commission has already approved. As 

such, the Commission believes that the 

proposed amendments to PCX Rule 12 

and PCXE Rule 12 are necessary and 

appropriate to provide consistency with 

respect to arbitration rules and 

procedures to the public and ensure that 

arbitrations are fair and neutral. The 

Commission believes that granting 

accelerated approval of the proposed 

rule changes would facilitate the 

accomplishment of these objectives. 

Accordingly, the Commission finds 

good cause, pursuant to Section 19(b)(2) 

of the Act,14 for approving the proposed 

rule change prior to the thirtieth day of 

publication of notice thereof in the 

Federal Register.

V. Conclusion 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,15 that the 

proposed rule change (SR–PCX–2004–

80) as amended, is hereby approved on 

an accelerated basis.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.16

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3354 Filed 11–26–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF STATE

[Public Notice 4909] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Retratos: 2,000 Years of Latin 

American Portraits’’

ACTION: Notice; correction.

SUMMARY: On November 2, 2004, Notice 

was published in the Federal Register

(volume 69, number 211, 63566) 

pertaining to the exhibition ‘‘Retratos: 

2,000 Years of Latin American 

Portraits.’’ The referenced Notice is 

hereby corrected to include the San 

Diego Museum of Art, San Diego, 

California, as an exhibition venue from 

on or about April 16, 2005 to on or 

about June 12, 2005.

FOR FURTHER INFORMATION CONTACT: For 

further information contact Wolodymyr 

R. Sulzynsky, the Office of the Legal 

Adviser, Department of State, 

(telephone: 202/453–8050). The address 

is: Department of State, SA–44, and 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001.

Dated: November 17, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State.

[FR Doc. 04–26293 Filed 11–26–04; 8:45 am] 

BILLING CODE 4710–08–P

TENNESSEE VALLEY AUTHORITY

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Tennessee 

Valley Authority (Meeting No. 1556).

TIME AND DATE: 9 a.m. (c.s.t.), November 

30, 2004, Lucille N. Galin Municipal 

Auditorium, 204 Second Avenue, NE., 

Cullman, Alabama.

STATUS: Open.

Agenda 

Approval of minutes of meeting held 

on October 27, 2004. 

New Business 

A—Budget and Financing 

A1. Retention of Net Power Proceeds 

and Nonpower Proceeds and Payments 

to the United States Treasury. 

A2. Approval of tax-equivalent 

payments for Fiscal Year 2004 and 

estimated payments for Fiscal Year 

2005. 

B—Purchase Awards 

B1. Contracts with Siemens 

Information and Communications 

Networks, Inc.; SBC Global Services, 

Inc.; Northrop Grumman Information 

Technology; and Henkels & McCoy, Inc., 

for telecommunications network 

equipment. 

B2. Contract with CDW-Government, 

Inc., to furnish a Microsoft Enterprise 

Agreement that provides standard 

software, including upgrades and 

support, for both personal computers 

and enterprise servers. 

B3. Supplement to contract with 

Cigna Healthcare of Tennessee for a 

health maintenance organization 

medical plan option. 

B4. Contract with Connecticut 

General Life Insurance Company for 

dental benefit services. 

C—Energy 

C1. Delegation of authority to the 

Executive Vice President, Fossil Power 

Group, to enter into a contract with 

Burlington Northern & Santa Fe Railway 

for transportation of coal from Wyoming 

to Memphis, Tennessee. 

C2. Delegation of authority to the 

Executive Vice President, Fossil Power 

Group, to enter into two term coal 

supply contracts with Arch Coal Sales