74560 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 

7 If the applicant is not required to take the 

examination (i.e., qualifies for a waiver), such 

applicant is only required to pay a separate 

investigation and fingerprinting fee.

8Series 46 is an optional examination taken 

subsequent to the Series 44 examination.

9 15 U.S.C. 78f(b).

10 15 U.S.C. 78f(b)(4).

11 15 U.S.C. 78s(b)(3)(A).

12 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12).

Examination program. Pursuant to the 

revised structure, the Exchange 

developed an orientation and 

examination content to be administered 

by the National Association of 

Securities Dealers, Inc (‘‘NASD’’). The 

revised Options Orientation Fee of 

$1,000 was intended to include the cost 

of the Series 44 or Series 45 

examination, the investigation fee and 

the fingerprinting fee,7 but not the 

Series 46 examination.8 Thus, since 

October 2003, the Exchange has charged 

$1,000 for the Options Orientation Fee 

(including the cost of the Series 44 or 45 

examination) and no charge has applied 

for the Series 46 examination. The 

Exchange proposes to amend the 

Options Orientation Fee by adding a 

parenthetical in the Schedule to clarify 

that the Options Orientation Fee only 

includes the cost of the Series 44 or 

Series 45 examination.

The Exchange also proposes to adopt 

a new fee of $200 to help recover the 

costs associated with the Series 46 

examination. Pursuant to a contractual 

agreement between PCX and NASD, 

PCX incurs fixed expenses in 

connection with the administration of 

each Series 46 examination. Further, the 

Exchange expends staff resources for 

ongoing development and maintenance 

of examination content. As such, the 

proposed fee will recover expenses 

relating to administration, development 

and ongoing support of the Series 46 

examination. 

The Exchange believes that these 

proposed changes are necessary to 

alleviate confusion among the OTP 

Holders and OTP Firms with respect to 

the Options Orientation Fee. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act 9 in general, and Section 

6(b)(4) of the Act 10 in particular, in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among its OTP Holders, OTP 

Firms, issuers and 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 

Because the foregoing proposed rule 

change does not: 

(i) Significantly affect the protection 

of investors or the public interest; 

(ii) Impose any significant burden on 

competition; and 

(iii) Become operative for 30 days 

from the date on which it was filed, or 

such shorter time as the Commission 

may designate, it has become effective 

pursuant to Section 19(b)(3)(A) of the 

Act 11 and Rule 19b–4(f)(6) 

thereunder.12 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.

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–PCX–2004–105 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–PCX–2004–105. 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 File 

Number SR-PCX–2004–105 and should 

be submitted on or before January 4, 

2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.13

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E4–3634 Filed 12–13–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF STATE

[Public Notice 4922] 

Bureau of Political-Military Affairs; 

Arms Export Embargo on Coˆte d’Ivoire 

(Ivory Coast)

SUMMARY: Notice is hereby given that all 

licenses and other approvals to export 

or otherwise transfer defense articles 

and defense services to Coˆte d’Ivoire 

(Ivory Coast) are suspended until further 

notice pursuant to Sections 38 and 42 of 

the Arms Export Control Act (AECA).

EFFECTIVE DATE: December 14, 2004.

FOR FURTHER INFORMATION CONTACT:

Stephen J. Tomchik, Directorate of 

Defense Trade Controls, Bureau of 

Political-Military Affairs, Department of 

State (202) 663–2799.

SUPPLEMENTARY INFORMATION: 

Effective immediately, it is the policy 

of the U.S. Government to deny all 

applications for licenses and other 

approvals to export or otherwise transfer 

defense articles and defense services to 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74561

Coˆte d’Ivoire (formerly known as Ivory 

Coast). In addition, U.S. manufacturers 

and exporters and any other affected 

parties are hereby notified that the 

Department of State has suspended all 

previously issued licenses and 

approvals to export or otherwise transfer 

defense articles and defense services to 

Coˆte d’Ivoire. These actions have been 

taken in accordance with U.N. Security 

Council Resolution 1572, unanimously 

passed on November 15, 2004, which 

imposes an embargo on the export of 

arms and related material, as well as 

defense services, to the West African 

nation of Coˆte d’Ivoire. The embargo 

will remain in effect for a period of 13 

months unless otherwise amended. 

The resolution establishing the 

embargo enjoins all states to ‘‘take the 

necessary measures to prevent the direct 

or indirect supply, sale or transfer to 

Coˆte d’Ivoire, from their territories or by 

their nationals, or using their flag 

vessels or aircraft, of arms or any related 

materiel, in particular military aircraft 

and equipment, whether or not 

originating in their territories, as well as 

the provision of any assistance, advice 

or training related to military activities’’. 

The resolution establishes several 

exceptions under which the embargo 

will not apply, namely: 

(a) Supplies and technical assistance 

intended solely for the support of or use 

by UNOCI (United Nations Operations 

in Coˆte d’Ivoire) and the French forces 

who support them; 

(b) Supplies of non-lethal military 

equipment intended solely for 

humanitarian or protective use, and 

related technical assistance and 

training, as approved in advance by a 

representative committee consisting of 

all the members of the Security Council; 

(c) Supplies of protective clothing, 

including flak jackets and military 

helmets, temporarily exported to Coˆte 

d’Ivoire by United Nations personnel, 

representatives of the media and 

humanitarian and development workers 

and associated personnel, for their 

personal use only; 

(d) Supplies temporarily exported to 

Coˆte d’Ivoire to the forces of a State 

which is taking action, in accordance 

with international law, solely and 

directly to facilitate the evacuation of its 

nationals and those for whom it has 

consular responsibility in Coˆte d’Ivoire, 

as notified in advance to the 

representative committee consisting of 

all the members of the Security Council; 

and 

(e) Supplies of arms and related 

materiel and technical training and 

assistance intended solely for support of 

or use in the process of restructuring 

defense and security forces as approved 

in advance by the representative 

committee consisting of all the members 

of the Security Council. 

U.S. exporters are advised that, 

effective November 16, 2004, no 

application for the export to Ivory Coast 

of defense articles or services covered 

by the International Traffic in Arms 

Regulations (ITAR) will be approved. 

Exceptions to this policy will be made, 

in accordance with the ITAR, on a caseby-case basis for proposed exports that 

conform to the conditions specified in 

(a) through (e) above. Any existing 

license or authorization for the export to 

Ivory Coast of ITAR-controlled defense 

articles or services is hereby suspended. 

Holders of existing licenses and 

authorizations for exports to Ivory Coast 

must submit documentation for review 

by the Directorate of Defense Trade 

Controls (DDTC) supporting the meeting 

of one of the exceptions cited above 

prior to DDTC lifting the suspension. 

This action has been taken pursuant 

to Sections 38 and 42 of the AECA (22 

U.S.C. 2778, 2791) and Section 126.7 of 

the ITAR in furtherance of the foreign 

policy of the United States.

Dated: December 6, 2004. 

Rose M. Likins, 

Acting Assistant Secretary, Political-Military 

Affairs, Department of State.

[FR Doc. 04–27353 Filed 12–13–04; 8:45 am] 

BILLING CODE 4710–25–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Identification of Countries Under 

Section 182 of the Trade Act of 1974: 

Request for Public Comment on Outof-Cycle Review of the People’s 

Republic of China

AGENCY: Office of the United States 

Trade Representative.

ACTION: Request for written submissions 

from the public. 

SUMMARY: Section 182 of the Trade Act 

of 1974 (Trade Act) (19 U.S.C. 2242), 

requires the United States Trade 

Representative (USTR) to identify 

countries that deny adequate and 

effective protection of intellectual 

property rights (IPRs) or deny fair and 

equitable market access to U.S. persons 

who rely on intellectual property 

protection. In addition, USTR is 

required to determine which of those 

countries should be identified as 

Priority Foreign Countries. Section 182 

is commonly referred to as the ‘‘Special 

301’’ provision of the Trade Act. 

The People’s Republic of China 

(China) was designated a Priority 

Foreign Country in 1994, and has 

subsequently remained subject to 

monitoring under Section 306 of the 

Trade Act (19 U.S.C. 2416). On May 3, 

2004, USTR announced the results of 

the 2004 Special 301 review and stated 

that an Out-of-Cycle Review (OCR) 

would be conducted in early 2005 to 

assess China’s actions to implement 

effectively the commitments it 

undertook under the Joint Commission 

on Commerce and Trade (JCCT), its 

WTO commitments, and a 1995 bilateral 

intellectual property agreement with the 

United States (including additional 

commitments made in 1996). USTR will 

examine whether China’s actions are 

producing substantial progress toward a 

significant reduction in IPR 

infringement levels in China. USTR 

requests written comments from the 

public concerning the acts, policies, and 

practices relevant for this review under 

Section 182 of the Trade Act.

DATES: Submissions must be received on 

or before 5 p.m. on Monday, January 31, 

2005.

ADDRESSES: Comments should be 

addressed to Sybia Harrison, Special 

Assistant to the Section 301 Committee, 

and sent (i) electronically, to 

FR0446@ustr.eop.gov, with ‘‘Special 301 

Out-of-Cycle Review’’ in the subject 

line, or (ii) by fax, to (202) 395–9458, 

with a confirmation copy sent 

electronically to the e-mail address 

above.

FOR FURTHER INFORMATION CONTACT:

Victoria Espinel, Deputy Assistant U.S. 

Trade Representative for Intellectual 

Property, at (202) 395–6864, Angela 

Davis, Director of China Affairs, at (202) 

395–3900, or Stanford McCoy, Assistant 

General Counsel, at (202) 395–3581, 

Office of the United States Trade 

Representative.

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 182 of the Trade Act, USTR 

must identify those countries that deny 

adequate and effective protection for 

intellectual property rights or deny fair 

and equitable market access to U.S. 

persons who rely on intellectual 

property protection. Those countries 

that have the most onerous or egregious 

acts, policies, or practices and whose 

acts, policies, or practices have the 

greatest adverse impact (actual or 

potential) on relevant U.S. products may 

be identified as Priority Foreign 

Countries. Acts, policies, or practices 

that are the basis of a country’s 

designation as a Priority Foreign 

Country are normally the subject of an 

investigation under the Section 301 

provisions of the Trade Act. China was 

designated a Priority Foreign Country in 

1994, and has subsequently remained