64618 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

14The Commission notes that the Revised Vendor

Form is to be used only during Phase IV.

15The Commission believes that the proposed

changes to the Revised Vendor Service Description,

which sets forth the information that the Exchange

requires the vendor to include in the service

description, are consistent with the Act because the

proposed changes eliminate the requirement of

certain information that completion of the

infrastructure makes irrelevant.

16See supra note 7 and accompanying text.

17The proposed rule change that permits

communications between members using hand-held

devices at two different locations on the floor is

incorporated into this document and is consistent

with the Act for the same reasons discussed above.

18The vendor must still not exceed capacity.

19Therefore, the Commission believes that the

reasoning behind approving the changes to the

Revised Vendor Form also applies to the Associated

Member Form, for the similar proposed changes.

20 15 U.S.C. 78s(b)(2).

21 17 CFR 200.30–3(a)(12).

or related equipment, is consistent with

the Act. The Commission believes that

this change gives the Exchange

sufficient authority to oversee its

infrastructure by strengthening the

Exchange’s contractual safeguards at a

time 14 when the Exchange will allow

vendors to have access to the

Exchange’s infrastructure, unlike Phases

I and II, and when the Exchange may

not have the same degree of

communication with vending member

organizations as it has had during the

earlier phases.15

The Commission believes that the

Revised Vendor-Member Agreement

Terms 16 are consistent with the Act.17

The proposed change that will remove

the requirement that the vendor-member

agreement must govern the six

prescribed elements of that relationship

is reasonable under the Act because it

allows both the vendor and the member

greater flexibility in fashioning a service

agreement that is agreeable to both

parties. Now that there will be no

restriction on the number of customers

a vendor may have,18 and the

Exchange’s service will be available to

all parties who wish to utilize it, it is

reasonable to allow the vendors and

members more freedom in structuring

their service agreements, within the

boundaries set forth in the Revised

Vendor Form and its attachments. Also,

the provision that adds that the NYSE

Constitution and rules apply is

consistent with the Act because the

NYSE is charged with ensuring that its

members (and hence, the vendors and

their customers) comply with the NYSE

rules.

The Commission notes that the

Associated Member Form contains

provisions that are almost identical in

substance to those found in the Revised

Vendor Form.19 However, under the

proposed rule change, the Associated

Member Form requires the member

organization to take responsibility for

the actions of its members and to assure

that its members will comply with all

provisions of the Form as well as with

relevant laws, rules and regulations. For

that reason, the Exchange does not

propose to require the member

organization to enter into an agreement

with a subscriber to its wireless data

communications service if the

subscriber is an Exchange member that

is an officer, partner or employee of the

member organization; as a result, the

proposed rule change does not impose

on the member organization a set of

terms and conditions that parallel those

set forth in the Revised Vendor-Member

Agreement Terms. The Commission

believes that this portion of the

proposed rule change is consistent with

the Act because it still provides for

sufficient control over the vendorcustomer relationship and notes that the

proposed rule change does provide that

the vendor must terminate its

relationship with an Associated Member

whom the Exchange has determined has

failed to comply with the rules, policies,

and procedures of the NYSE, the

Commission, or the FCC.

IV. Conclusion

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act,20 that the

proposed rule change (SR–NYSE–97–

17) is approved.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.21

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–32028 Filed 12–5–97; 8:45 am]

BILLING CODE 8010–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Notice of Meeting of the Industry

Sector Advisory Committee on Small

and Minority Business (ISAC–14)

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of meeting.

SUMMARY: The Industry Sector Advisory

Committee on Small and Minority

Business (ISAC 14) will hold a meeting

on December 15, 1997 from 9:15 a.m. to

4:00 p.m. The meeting will be open to

the public from 9:15 a.m. to 1:00 p.m.

and closed to the public from 1:00 p.m.

to 4:00 p.m.

DATES: The meeting is scheduled for

December 15, 1997, unless otherwise

notified.

ADDRESSES: The meeting will be held at

the Department of Commerce in Room

4830, located at 14th Street and

Constitution Avenue, N.W.,

Washington, D.C., unless otherwise

notified.

FOR FURTHER INFORMATION CONTACT:

Millie Sjoberg, Department of

Commerce, 14th St. and Constitution

Ave., N.W., Washington, D.C. 20230,

(202) 482–4792 or Bill Daley, Office of

the United States Trade Representative,

600 17th St. N.W., Washington, D.C.

20508, (202) 395–6120.

SUPPLEMENTARY INFORMATION: The ISAC

14 will hold a meeting on December 15,

1997 from 9:15 a.m. to 4:00 p.m. The

meeting will include a review and

discussion of current issues which

influence U.S. trade policy. Pursuant to

Section 2155(f)(2) of Title 19 of the

United States Code and Executive Order

11846 of March 27, 1975, the Office of

the U.S. Trade Representative has

determined that part of this meeting will

be concerned with matters the

disclosure of which would seriously

compromise the development by the

United States Government of trade

policy, priorities, negotiating objectives

or bargaining positions with respect to

the operation of any trade agreement

and other matters arising in connection

with the development, implementation

and administration of the trade policy of

the United States. During the discussion

of such matters, the meeting will be

closed to the public from 1:00 p.m. to

4:00 p.m. The meeting will be open to

the public and press from 9:15 a.m. to

1:00 p.m. when other trade policy issues

will be discussed. Attendance during

this part of the meeting is for

observation only. Individuals who are

not members of the committee will not

be invited to comment.

Pate Felts,

Acting Assistant United States Trade

Representative, Intergovernmental Affairs

and Public Liaison.

[FR Doc. 97–31950 Filed 12–5–97; 8:45 am]

BILLING CODE 3190–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Trade Policy Staff Committee; Public

Comments on the Triennial Review of

the World Trade Organization

Agreement on the Application of

Sanitary and Phytosanitary Measures

(the ‘‘SPS Agreement’’)

ACTION: Notice and request for

comments.

SUMMARY: The Trade Policy Staff

Committee (TPSC) is requesting written