Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 49351 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Amendment No. 1. In Amendment No. 1, 

PCX amended the purpose section of the filing to 

include examples of how estimated market data 

rebates would be calculated and how estimated 

market data rebates would be distributed. 

4See Securities Exchange Act Release No. 51990 

(July 7, 2005), 70 FR 40770. 

5Tape B securities include securities that are on 

the American Stock Exchange or the regional 

national securities exchanges. 

6 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52253; File No. SR–PCX–

2005–16] 

Self-Regulatory Organizations; Pacific 

Exchange, Inc.; Order Approving 

Proposed Rule Change and 

Amendment No. 1 Thereto To Amend 

Its Market Data Rebate Program To 

Allow Equity Trading Permit Holders 

To Receive Rebates on an Estimated 

Basis 

August 15, 2005. 

On February 1, 2005, the Pacific 

Exchange, Inc. (‘‘PCX’’), through its 

wholly owned subsidiary PCX Equities, 

Inc. (‘‘PCXE’’), filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend its current market data rebate 

program to allow Equity Trading Permit 

Holders (‘‘ETP Holders’’) to receive 

market data rebates on an estimated 

basis when certain conditions are met. 

On July 5, 2005, PCX amended the 

proposed rule change.3 The proposed 

rule change, as modified by Amendment 

No. 1, was published for comment in 

the Federal Register on July 14, 2005.4

The Commission received no comments 

on the proposal. This order approves the 

proposed rule change, as modified by 

Amendment No. 1. 

Currently, the rules governing the 

Archipelago Exchange (‘‘ArcaEx’’), the 

equities trading facility of PCXE, allow 

ETP Holders to receive Liquidity 

Provider Credit payments on a quarterly 

basis for limit orders posted by such 

ETP Holder in Tape B securities 5 that 

execute against inbound marketable 

orders. Under the current market data 

revenue program the Liquidity Provider 

Credit applied to ETP Holders for limit 

orders in Tape B securities that execute 

against inbound marketable orders is 

50% of the revenue from the 

Consolidated Tape Association (‘‘CTA’’) 

Plan generated for such trades. 

The Commission finds that PCX’s 

proposal to pay eligible ETP Holders an 

estimated share of Liquidity Provider 

Credits on a monthly basis, before 

quarterly revenues from the CTA Plan 

are distributed, consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.6 In 

particular, the Commission believes that 

the proposal is consistent with section 

6(b)(5) of the Act,7 which requires that 

the rules of the exchange be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system. The PCX 

states that distributing estimated 

Liquidity Provider Credits on a monthly 

basis will make the pricing of 

executions on ArcaEx more competitive. 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–PCX–2005–

16), as modified by Amendment No. 1 

thereto, be, and it hereby is, approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Margaret H. McFarland, 

Deputy Secretary. 

[FR Doc. E5–4590 Filed 8–22–05; 8:45am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration No. 10164] 

North Dakota Disaster No. ND–00002 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of North Dakota (FEMA–1597–

DR), dated 07/22/2005. 

Incident: Severe Storms, Flooding, 

and Ground Saturation. 

Incident Period: 06/01/2005 through 

07/07/2005. 

Effective Date: 07/22/2005. 

Physical Loan Application Deadline 

Date: 09/20/2005. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Disaster Area Office 3, 

14925 Kingsport Road, Fort Worth, TX 

76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, Suite 6050, Washington, 

DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

07/22/2005, applications for Private 

Non-Profit organizations that provide 

essential services of a governmental 

nature may file disaster loan 

applications at the address listed above 

or other locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Benson, Bottineau, 

Cavalier, Dickey, Grand Forks, Griggs, 

Kidder, Lamoure, McHenry, Mountrail, 

Nelson, Pembina, Pierce, Ramsey, 

Ransom, Renville, Richland, Rolette, 

Sargent, Sioux, Stark, Steele, Towner, 

Traill, Walsh, Ward; Turtle Mountain 

Indian Reservation; Portion of the 

Standing Rock Indian Reservation 

which lies within the state of North 

Dakota; Three affiliated tribes of the Fort 

Berthold Reservation. 

The Interest Rates are: 

Other (including non-profit 

organizations) with credit available 

elsewhere: 4.750. 

Businesses and non-profit organizations 

without credit available elsewhere: 

4.000. 

The number assigned to this disaster 

for physical damage is 10164. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–16697 Filed 8–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10163] 

South Dakota Disaster #SD–00001 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of South Dakota (FEMA–1596–

DR), dated 07/22/2005. 

Incident: Severe Storm. 

Incident Period: 06/07/2005 through 

06/08/2005. 

Effective Date: 07/22/2005. 

49352 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 

Physical Loan Application Deadline 

Date: 09/20/2005. 

ADDRESSES: Submit completed loan 

applications to : U.S. Small Business 

Administration, Disaster Area Office 3, 

14925 Kingsport Road, Fort Worth, TX 

76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, Suite 6050, Washington, 

DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

07/22/2005, applications for Private 

Non-Profit organizations that provide 

essential services of a governmental 

nature may file disaster loan 

applications at the address listed above 

or other locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Corson, Faulk, 

Hyde, Potter, Spink, Stanley, Sully. 

The Interest Rates are: Other 

(Including Non-Profit Organizations) 

with Credit Available Elsewhere: 4.750. 

Businesses and Non-Profit 

Organizations Without Credit Available 

Elsewhere: 4.000. 

The number assigned to this disaster 

for physical damage is 10163. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–16696 Filed 8–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Administrator’s Line of Succession 

Designation, No. 1–A, Revision 26 

This document replaces and 

supersedes ‘‘Line of Succession 

Designation No. 1–A, Revision 25.’’

Line of Succession Designation No. 1–

A, Revision 26 

Effective immediately, the 

Administrator’s Line of Succession 

Designation is as follows: 

(a) In the event of my inability to 

perform the functions and duties of my 

position, or my absence from the office, 

the Deputy Administrator will assume 

all functions and duties of the 

Administrator. In the event the Deputy 

Administrator and I are both unable to 

perform the functions and duties of the 

my position or are absent from our 

offices, I designate the officials in listed 

order below, if they are eligible to act as 

Administrator under the provisions of 

the Federal Vacancies Reform Act of 

1998, to serve as Acting Administrator 

with full authority to perform all acts 

which the Administrator is authorized 

to perform: 

(1) Chief Operating Officer. 

(2) Chief of Staff. 

(3) General Counsel. 

(4) Associate Deputy Administrator 

for Capital Access. 

(5) Associate Deputy Administrator 

for Management and Administration. 

(6) Designated Agency Ethics Official. 

(7) Regional Administrator for Region 

6. 

(b) Notwithstanding the provisions of 

SBA Standard Operating Procedure 00 

01 2, ‘‘absence from the office,’’ as used 

in reference to myself in paragraph (a) 

above, means 

(1) I am not present in the office and 

cannot be reasonably contacted by 

phone or other electronic means, and 

there is an immediate business necessity 

for the exercise of my authority; or 

(2) I am not present in the office and, 

upon being contacted by phone or other 

electronic means, I determine that I 

cannot exercise my authority effectively 

without being physically present in the 

office. 

(c) An individual serving in an acting 

capacity in any of the positions listed in 

subparagraphs (a)(1) through (7), unless 

designated as such by the 

Administrator, is not also included in 

this Line of Succession. Instead, the 

next non-acting incumbent in the Line 

of Succession shall serve as Acting 

Administrator. 

(d) This designation shall remain in 

full force and effect until revoked or 

superceded in writing by the 

Administrator, or by the Deputy 

Administrator when serving as Acting 

Administrator. 

(e) Serving as Acting Administrator 

has no effect on the officials listed in 

subparagraphs (a)(1) through (7), above, 

with respect to their full-time position’s 

authorities, duties and responsibilities 

(except that such official cannot both 

recommend and approve an action). 

Dated: August 15, 2005. 

Hector V. Barreto, 

Administrator. 

[FR Doc. 05–16655 Filed 8–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages that will require 

clearance by the Office of Management 

and Budget (OMB) in compliance with 

Public Law 104–13, the Paperwork 

Reduction Act of 1995, effective October 

1, 1995. The information collection 

packages that may be included in this 

notice are for new information 

collections, approval of existing 

information collections, revisions to 

OMB-approved information collections, 

and extensions (no change) of OMBapproved information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and on ways 

to minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Written 

comments and recommendations 

regarding the information collection(s) 

should be submitted to the OMB Desk 

Officer and the SSA Reports Clearance 

Officer. The information can be mailed 

and/or faxed to the individuals at the 

addresses and fax numbers listed below: 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, New 

Executive Building, Room 10235, 725 

17th St., NW., Washington, DC 20503. 

Fax: 202–395–6974. 

(SSA), Social Security 

Administration, DCFAM, Attn: Reports 

Clearance Officer, 1333 Annex Building, 

6401 Security Blvd., Baltimore, MD 

21235. Fax: 410–965–6400. 

I. The information collections listed 

below are pending at SSA and will be 

submitted to OMB within 60 days from 

the date of this notice. Therefore, your 

comments should be submitted to SSA 

within 60 days from the date of this 

publication. You can obtain copies of 

the collection instruments by calling the 

SSA Reports Clearance Officer at 410–

965–0454 or by writing to the address 

listed above. 

1. Report on Individual with Mental 

Impairment—20 CFR 404.1513, 

416.913—0960–0058. Form SSA–824 is 

used by SSA to determine the claimant’s 

medical status prior to making a 

disability determination. The 

respondents are physicians, medical 

directors, medical record librarians and 

other health professionals. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 50,000. 

Frequency of Response: 1. 

Average Burden Per Response: 36 

minutes. 

Estimated Annual Burden: 30,000 

hours 

2. Supplement to Claim of Person 

Outside the United States—20 CFR