Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 53695 

1The self-regulatory organizations (‘‘SROs’’) 

participating in the ITS Plan include the American 

Stock Exchange LLC, the Boston Stock Exchange, 

Inc., the Chicago Board Options Exchange, Inc., the 

Chicago Stock Exchange, Inc., the National Stock 

Exchange, Inc. (formerly the Cincinnati Stock 

Exchange, Inc.), the National Association of 

Securities Dealers, Inc. (‘‘NASD’’), the New York 

Stock Exchange, Inc., the Pacific Exchange, Inc., 

and the Philadelphia Stock Exchange, Inc. 

(collectively, the ‘‘participants’’). See Securities 

Exchange Act Release No. 19456 (January 27, 1983), 

48 FR 4938 (February 3, 1983). 

2Securities Exchange Act of 1934 (‘‘Act’’) Rule 

11Aa3–2(d), 17 CFR 240.11Aa3–2(d), promulgated 

under Section 11A, 15 U.S.C. 78k–1, of the Act 

requires each SRO to comply with, and enforce 

compliance by its members and their associated 

persons with, the terms of any effective national 

market system plan of which it is a sponsor or 

participant. Rule 608(e) (formerly Rule 11Aa3–2(f)), 

17 CFR 242.608(e), under the Act authorizes the 

Commission to exempt, either unconditionally or 

on specified terms and conditions, any SRO, 

member of an SRO, or specified security from the 

requirement of the rule if the Commission 

determines that such exemption is consistent with 

the public interest, the protection of investors, the 

maintenance of fair and orderly markets and the 

removal of impediments to, and perfection of the 

mechanisms of, a national market system. 

3See Securities Exchange Act Release No. 46428 

(August 28, 2002), 67 FR 56607 (September 4, 2002) 

(the ‘‘August 2002 Order’’). The August 2002 Order 

granted relief through June 4, 2003. 

4See Securities Exchange Act Release No. 47950 

(May 30, 2003), 68 FR 33748 (June 5, 2003) (the 

‘‘May 2003 Order’’). The May 2003 Order granted 

relief through March 4, 2004. 

5See Securities Exchange Act Release No. 49356 

(March 3, 2004), 69 FR 11057 (March 9, 2004) (the 

‘‘March 2004 Order’’). The March 2004 Order 

granted relief through December 4, 2004. 

6See Securities Exchange Act Release No. 50795 

(December 3, 2004), 69 FR 71445 (December 9, 

2004) (the ‘‘December 2004 Order’’). The December 

2004 Order granted relief through September 4, 

2005. 

a.m. and 5:15 p.m. (ET) five days prior 

to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

8:30 a.m. and 5:15 p.m. (e.t.). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes in the agenda. 

Dated: September 1, 2005. 

Sharon A. Steele, 

Acting Branch Chief, ACRS/ACNW. 

[FR Doc. E5–4902 Filed 9–8–05; 8:45 am] 

BILLING CODE 7590–01–P 

PRESIDIO TRUST 

Notice of Receipt of and Availability for 

Public Comment on an Application for 

Wireless Telecommunications 

Facilities Site; The Presidio of San 

Francisco, California 

AGENCY: The Presidio Trust. 

ACTION: Public notice. 

SUMMARY: This notice announces the 

Presidio Trust’s receipt of and 

availability for public comment on an 

application from New Cingular Wireless 

PCS, LLC for installation of a wireless 

telecommunications facilities site 

(‘‘Project’’) in The Presidio of San 

Francisco. The proposed location of the 

Project is the south side of the 

MacArthur Tunnel. 

The Project involves (i) installing a 

32-foot pole with two sets of antennae 

panels and power and 

telecommunications panels, (ii) placing 

the associated telecommunications 

equipment within three cabinets on a 

concrete pad, and (iii) mounting two 

antennae on the south face of the 

MacArthur Tunnel wall. Power and 

telecommunications service will be 

brought to the site via underground 

trench. 

Comments: Comments on the 

proposed project must be sent to Steve 

Carp, Presidio Trust, 34 Graham Street, 

P.O. Box 29052, San Francisco, CA 

94129–0052, and be received by October 

12, 2005. A copy of Cingular’s 

application is available upon request to 

the Presidio Trust. 

FOR FURTHER INFORMATION CONTACT: 

Steve Carp, Presidio Trust, 34 Graham 

Street, P.O. Box 29052, San Francisco, 

CA 94129–0052. E-mail: 

scarp@presidiotrust.gov. Telephone: 

415–561–5300. 

Dated: September 2, 2005. 

Steve Carp, 

Legal Analyst. 

[FR Doc. 05–17899 Filed 9–8–05; 8:45 am] 

BILLING CODE 4310–4R–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meeting during 

the week of September 12, 2005: 

A closed meeting will be held on 

Thursday, September 15, 2005 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters may also be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), (9)(B), and 

(10) and 17 CFR 200.402(a)(3), (5), (7), 

9(ii) and (10) permit consideration of 

the scheduled matters at the closed 

meeting. 

Commissioner Campos, as duty 

officer, voted to consider the items 

listed for the closed meeting in closed 

session. 

The subject matters of the closed 

meeting scheduled for Thursday, 

September 15, 2005, will be: 

Formal orders of investigations; 

Institution and settlement of 

injunctive actions; and 

Institution and settlement of 

administrative proceedings of an 

enforcement nature. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: September 7, 2005. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–17996 Filed 9–7–05; 11 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52382] 

Order Pursuant to Section 11A of the 

Securities Exchange Act of 1934 and 

Rule 608(e) Thereunder Extending a De 

Minimis Exemption for Transactions in 

Certain Exchange-Traded Funds from 

the Trade-Through Provisions of the 

Intermarket Trading System 

September 6, 2005. 

This order extends, through June 28, 

2006, a de minimis exemption to the 

provisions of the Intermarket Trading 

System Plan (‘‘ITS Plan’’),1 a national 

market system plan,2 governing 

intermarket trade-throughs that expired 

on September 4, 2005. The de minimis 

exemption was originally issued by the 

Commission on August 28, 2002 3 and 

extended on May 30, 2003,4 on March 

3, 2004,5 and on December 3, 2004.6

Specifically, this order continues the 

de minimis exemption from compliance 

with Section 8(d)(i) of the ITS Plan with 

respect to two specific exchange-traded