75586 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Notices 

12 15 U.S.C. 78f(b).

13 15 U.S.C. 78f(b)(4).

14 15 U.S.C. 78s(b)(3)(A)(ii).

15 17 CFR 240.19b–4(f)(2). 16See supra note 3. 17 17 CFR 200.30–3(a)(12).

reaching the $50,000 cap as described in 

this proposal is to help defray licensing 

costs associated with the trading of 

these products, while still capping 

member organizations’ fees enough to 

attract volume from other exchanges. 

The purpose of allowing the QCE, QCX 

and FXI products to be charged the 

normal (not fixed) firm-related charges 

is to generate revenue (that was 

previously capped) because these are 

not the products in which the Exchange 

is seeking to attract firm-related volume 

from other exchanges. 

In addition to the foregoing, the 

Exchange proposes to make a minor 

change to its Summary of Equity Option 

Charges to delete the word 

‘‘transaction’’ from the reference to the 

firm/proprietary facilitation option 

transaction charge and to delete 

reference to the QQQ license fees of 

$0.10 per contract side from the 

Summary of Index Option and FXI 

Options Charges, as this language is 

unnecessary. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act 12 in general, and 

furthers the objectives of Section 6(b)(4) 

of the Act 13 in particular, in that it is 

an equitable allocation of reasonable 

dues, fees, and other charges among 

Exchange members and issuers and 

other persons using its 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 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposal has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 14 and Rule 

19b–4(f)(2) 15 thereunder as a proposal 

establishing or changing a due, fee, or 

other charge imposed by the selfregulatory organization. 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.16

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change, as amended, 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–2004–70 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–2004–70. 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 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–2004–70 and should 

be submitted on or before January 7, 

2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3709 Filed 12–16–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #10003] 

State of North Carolina (NC–00001) 

Pender County and the contiguous 

counties of Bladen, Brunswick, 

Columbus, Duplin, New Hanover, 

Onslow, and Sampson in the State of 

North Carolina constitute a disaster area 

as a result of damages caused by 

tornadoes created from remnants of 

Hurricane Charley that occurred August 

12–13, 2004. Applications for loans for 

physical damage as a result of this 

disaster may be filed until the close of 

business on February 8, 2005 and for 

economic injury until the close of 

business on September 9, 2005 at the 

address listed below or other locally 

announced locations:

U.S. Small Business Administration, Disaster 

Area 1 Office, 360 Rainbow Blvd., South 

3rd Floor, Niagara Falls, NY 14303.

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

For Economic Injury: 

Businesses and Small Agricultural Cooperatives Without 

Credit Available Elsewhere: .... 2.900

The number assigned to this disaster 

for physical damage is 10003 and for 

economic damage is 10004.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: December 9, 2004. 

Hector V. Barreto, 

Administrator.

[FR Doc. 04–27651 Filed 12–16–04; 8:45 am] 

BILLING CODE 8025–01–P