Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 77307

23 15 U.S.C. 78f(b).

24 15 U.S.C. 78f(b)(5). 25 17 CFR 200.30–3(a)(12).

the evolution of the Exchange’s trading 

systems towards more electronic trading 

of options on the Exchange via Phlx XL. 

1. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 23 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 24

in particular, in that it is designed to 

promote just and equitable principles of 

trade, remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system, and to protect investors and the 

public interest, by allowing a new 

category of market maker, the RSQT, to 

quote competitively from off the floor of 

the Exchange, thereby increasing the 

depth and liquidity in the Exchange’s 

markets, and allowing the Exchange to 

remain competitive for order flow by 

adding additional liquidity to the 

Exchange’s markets, enhancing the 

ability of order flow providers to fulfill 

their duty of best execution on behalf of 

their customers.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change 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 Phlx consents, the 

Commission shall: (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 

Number SR–Phlx–2004–90 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–2004–90. 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 the filing also will be 

available for inspection and copying at 

the principal office of 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–2004–90 and should 

be submitted on or before January 18, 

2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.25

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–28149 Filed 12–23–04; 8:45 am] 

BILLING CODE 8010–01–P

SOCIAL SECURITY ADMINISTRATION

Rate for Attorney Fee Assessment 

Beginning in 2005

AGENCY: Social Security Administration 

(SSA).

ACTION: Notice.

SUMMARY: The Social Security 

Administration is announcing that the 

attorney-fee assessment percentage rate 

under section 206(d) of the Social 

Security Act (the Act), 42 U.S.C. 406(d), 

is 6.3 percent for 2005.

FOR FURTHER INFORMATION CONTACT:

James A. Winn, Associate General 

Counsel for Program Law, Office of the 

General Counsel, Social Security 

Administration, Phone: (410) 965–3137, 

email jim.winn@ssa.gov.

SUPPLEMENTARY INFORMATION: Section 

406 of Public Law No. 106–170, the 

Ticket to Work and Work Incentives 

Improvement Act of 1999, established 

an assessment for the services required 

to determine and certify payments to 

attorneys from the benefits due 

claimants under Title II of the Act. This 

provision is codified in section 206 of 

the Act (42 U.S.C. 406). The legislation 

set the assessment for the calendar year 

2000 at 6.3 percent of the amount that 

would be required to be certified for 

direct payment to the attorney under 

section 206(a)(4) or 206(b)(1) before the 

application of the assessment. For 

subsequent years, the legislation 

requires the Commissioner of Social 

Security to determine the percentage 

rate necessary to achieve full recovery of 

the costs of determining and certifying 

fees to attorneys, but not in excess of 6.3 

percent. The Commissioner of Social 

Security has determined, based on the 

best available data, that the current rate 

of 6.3 percent will continue for 2005. 

During the calendar year 2005, we will 

begin directly paying fees to attorneys in 

cases under Title XVI of the Act and to 

eligible non-attorney representatives in 

cases under Title II and/or Title XVI of 

the Act, as provided in sections 302 and 

303 of Public Law No. 108–203, the 

Social Security Protection Act of 2004. 

Once these new programs begin, we will 

use the 6.3 percent rate announced in 

this notice when calculating 

assessments on direct payments made 

under these new statutory provisions 

during the calendar year 2005. 

We will continue to review our costs 

on a yearly basis.

77308 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 

Dated: December 17, 2004. 

Dale W. Sopper, 

Deputy Commissioner for Finance, 

Assessment and Management.

[FR Doc. 04–28172 Filed 12–23–04; 8:45 am] 

BILLING CODE 4191–02–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Modification of the Tariff-Rate Import 

Quota for Certain Cheeses

AGENCY: Office of the United States 

Trade Representative.

ACTION: Modification of the Harmonized 

Tariff Schedule of the United States. 

SUMMARY: This document modifies 

Additional U.S. Notes 2, 16, 17, 18, 19, 

20, 21, 22, 23, and 25 to Chapter 4 of 

the Harmonized Tariff Schedule of the 

United States (HTS) to reflect the 

enlargement of the European Union 

(EU) to 25 countries on May 1, 2004.

EFFECTIVE DATE: This modification is 

effective on January 1, 2005.

FOR FURTHER INFORMATION CONTACT:

Sharon Sydow, Director for Agricultural 

Trade Policy, Office of the United States 

Trade Representative, 600 17th Street 

NW., Washington, DC 20508; telephone 

(202) 395–6127.

SUPPLEMENTARY INFORMATION: On May 1, 

2004, Cyprus, the Czech Republic, 

Estonia, Hungary, Latvia, Lithuania, 

Malta, Poland, the Slovak Republic, and 

Slovenia acceded to the European 

Community (EC), and the EC customs 

union of 15 member countries (‘‘EC–

15’’) was enlarged to a customs union of 

25 member countries (‘‘EC–25’’). At that 

time, Cyprus, the Czech Republic, 

Estonia, Hungary, Latvia, Lithuania, 

Malta, Poland, the Slovak Republic, and 

Slovenia withdrew their tariff schedules 

under the World Trade Organization 

(WTO) and applied the common 

external tariff of the EC–15 to imports 

into the EC–25. To recognize the 

membership of Cyprus, the Czech 

Republic, Estonia, Hungary, Latvia, 

Lithuania, Malta, Poland, the Slovak 

Republic, and Slovenia in the EC–25, 

the tariff-rate quota (TRQ) allocations 

for certain cheeses from the EC–15 will 

be available to the EC–25, and the TRQ 

allocation for certain cheeses from the 

Czech Republic, Hungary, Poland, and 

the Slovak Republic will become part of 

the total TRQ allocations for certain 

cheeses from the EC–25. 

Section 404(d)(3) of the Uruguay 

Round Agreements Act (URAA) (19 

U.S.C. 3601(d)(3)) authorizes the 

President to allocate in-quota quantities 

of a TRQ for any agricultural product 

among supplying countries or customs 

areas and to modify any allocation as 

the President determines appropriate. 

Section 604 of the Trade Act of 1974, as 

amended (‘‘Trade Act’’) (19 U.S.C. 2483) 

authorizes the President to embody in 

the HTS the substance of the relevant 

provisions of that Act, and of other Acts 

affecting import treatment, and actions 

thereunder, including the removal, 

modification, continuance, or 

imposition of any rate of duty or other 

import restriction. 

In paragraph (3) of Proclamation 6763 

of December 23, 1994, the President 

delegated his authority under section 

404(d)(3) of the URAA to the United 

States Trade Representative (USTR). In 

paragraph 5 of Proclamation 6914 of 

August 26, 1996, the President 

determined that it is appropriate to 

authorize the USTR to exercise his 

authority under section 604 of the Trade 

Act to embody in the HTS the substance 

of any action taken by USTR under 

section 404(d)(3) of the URAA. 

Modification of the HTS 

Pursuant to the authority delegated to 

the USTR in Proclamations 6763 and 

6914, the USTR has determined that it 

is appropriate to modify the TRQ 

allocations of Cyprus, the Czech 

Republic, Estonia, Hungary, Latvia, 

Lithuania, Malta, Poland, the Slovak 

Republic, and Slovenia and to embody 

such modifications in the HTS. Effective 

with respect to articles entered, or 

withdrawn from warehouse for 

consumption, on or after January 1, 

2005: 

1. The additional U.S. notes to 

chapter 4 are modified by deleting 

additional U.S. note 2 and inserting the 

following new additional U.S. note 2 in 

lieu thereof: 

‘‘2. For the purposes of this schedule, 

the expression ‘‘EC 25’’ refers to articles 

which are the product of one of the 

following: Austria, Belgium, Cyprus, the 

Czech Republic, Denmark, Estonia, 

Finland, France, the Federal Republic of 

Germany, Greece, Hungary, Ireland, 

Italy, Latvia, Lithuania, Luxembourg, 

Malta, the Netherlands, Poland, 

Portugal, the Slovak Republic, Slovenia, 

Spain, Sweden or the United Kingdom.’’

2. Additional U.S. note 16 to chapter 

4 is modified by:

(a) Deleting from the list in such note 

the following countries and quantities: 

‘‘Czech Republic 200,000 

Poland 1,236,224 

Slovak Republic 600,000’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘25,810,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘27,846,224’’. 

3. Additional U.S. note 17 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the following country and quantity: 

‘‘Czech Republic 50,000’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘2,779,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘2,829,000’’. 

4. Additional U.S. Note 18 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the following country and quantity: 

‘‘Czech Republic 50,000’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘1,263,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘1,313,000’’. 

5. Additional U.S. Note 19 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the expression ‘‘EC 15’’ and inserting in 

lieu thereof the expression ‘‘EC 25’’. 

6. Additional U.S. Note 20 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the following country and quantity: 

‘‘Czech Republic 100,000’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘6,289,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘6,389,000’’. 

7. Additional U.S. Note 21 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the following country and quantity: 

‘‘Poland 1,325,000’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘4,082,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘5,407,000’’. 

8. Additional U.S. Note 22 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the expression ‘‘EC 15’’ and inserting in 

lieu thereof the expression ‘‘EC 25’’. 

9. Additional U.S. Note 23 to chapter 

4 is modified by: 

(a) Deleting from the list in such note 

the following country and quantity: 

‘‘Poland 174,907’’; and 

(b) Deleting from the list in such note 

the expression ‘‘EC 15’’ and the quantity 

‘‘4,250,000’’ set out opposite such 

expression and inserting in lieu thereof 

the expression ‘‘EC 25’’ and the quantity 

‘‘4,424,907’’. 

10. Additional U.S. Note 25 to chapter 

4 is modified by: