53264 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

6 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. 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). 

in Section 8(b)(iii) of the Linkage Plan 

and Phlx Rule 1087. 

Section 8(b)(iii) of the Linkage Plan 

provides that Eligible Market Makers 

should send Principal Orders through 

the Linkage on a limited basis and not 

as a primary aspect of their business. 

The 80/20 Test implements this policy 

in the Linkage Plan and Phlx Rule 1087 

by prohibiting a specialist or registered 

options trader (‘‘ROT’’) from sending 

Principal Orders in an eligible option 

class if, in the last calendar quarter, the 

specialist or ROT’s Principal Order 

contract volume is disproportionate to 

the specialist or ROT’s contract volume 

executed against customer orders in its 

own market. 

The Exchange believes that applying 

the 80/20 Test has resulted in anomalies 

for ROTs with limited volume in an 

eligible option class. In particular, if a 

ROT has very little overall trading 

volume in an option, the execution of 

one or two Principal Orders during a 

calendar quarter could result in the ROT 

failing to meet the 80/20 Test. This 

would then prohibit the ROT from using 

the Linkage to send Principal Orders in 

that options class for the following 

calendar quarter. The Exchange believes 

that it is not the intent of the Linkage 

Plan and Exchange rules to prohibit 

ROTs with limited volume from sending 

Principal Orders through the Linkage in 

these circumstances since such trading 

clearly is not ‘‘a primary aspect of their 

business.’’ Accordingly, the proposed 

rule change seeks to establish a de 

minimis exception from the 80/20 Test 

in Phlx Rule 1087 for specialists and 

ROTs that have total contract volume of 

less than 1,000 contracts in an option 

class for a calendar quarter. 

III. Discussion 

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange.6 In particular, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of Section 6(b)(5) of the 

Act 7 which requires, among other 

things, that the rules of an exchange be 

designed to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market, 

and to protect investors and the public 

interest. The Commission believes that 

the proposed rule change will increase 

the availability of Linkage to members 

of the Participants by limiting the 

applicability of the 80/20 Test in 

situations where market makers have 

minimal trading volume in a particular 

options class. 

The Commission recognizes that the 

Exchange does not believe that it is 

necessary to bar market makers with 

limited volume from sending Principal 

Orders through the Linkage, as such 

trading does not raise concerns that a 

member is sending such orders as ‘‘a 

primary aspect of their business.’’ The 

Commission believes that the de 

minimis exemption from the 80/20 Test 

proposed by the Exchange for market 

makers that have a total contract volume 

of less than 1,000 contracts in an 

options class for a calendar quarter 

should ensure that specialists and ROTs 

with relatively low volume in a 

particular options class can send a 

reasonable number of Principal Orders 

without being barred from using the 

Linkage by application of the 80/20 Test 

in the following calendar quarter. 

IV. Conclusion 

For the foregoing reasons, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder. 

It is therefore ordered, pursuant to 

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

proposed rule change (SR-Phlx-2005–

33), as amended, is approved. 

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–4855 Filed 9–6–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10180 and #10181] 

Alabama Disaster #AL–00003 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for the State of Alabama 

(FEMA–1605–DR), dated 08/29/2005. 

Incident: Hurricane Katrina. 

Incident Period: 08/29/2005 and 

continuing. 

DATES: Effective Date: 

08/29/2005. 

Physical Loan Application Deadline 

Date: 10/28/2005. 

EIDL Loan Application Deadline Date: 

05/29/2006. 

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 

08/29/2005, applications for disaster 

loans may be filed 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: 

Baldwin, Mobile, Washington. 

Contiguous Counties: 

Alabama: Choctaw, Clarke, Escambia, 

Monroe. 

Florida: Escambia. 

Mississippi: George, Greene, Jackson 

Wayne. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 5.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.687 

Businesses With Credit Available 

Elsewhere ................................. 6.557 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

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 101808 and for economic 

injury is 101810 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–17689 Filed 9–6–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10176 and #10177] 

Louisiana Disaster #LA–00002 

AGENCY: Small Business Administration. 

ACTION: Notice. 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53265 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for the State of Louisiana 

(FEMA–1603–DR), dated 08/29/2005. 

Incident: Hurricane Katrina. 

Incident Period: 08/29/2005 and 

continuing. 

DATES: Effective Date: 08/29/2005. 

Physical Loan Application Deadline 

Date: 10/28/2005. 

EIDL Loan Application Deadline Date: 

05/29/2006. 

ADDRESSES: Submit completed loan 

applications to: 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 

08/29/2005, applications for disaster 

loans may be filed at the address listed 

above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Parishes: 

Acadia, Ascension, Assumption, 

Calcasieu, Cameron, East Baton 

Rouge, East Feliciana, Iberia, 

Iberville, Jefferson, Jefferson Davis, 

Lafayette, Lafourche, Livingston, 

Orleans, Plaquemines, Pointe 

Coupee, St. Bernard, St. Charles, St. 

Helena, St. James, St. John The 

Baptist, St. Martin, St. Mary, St. 

Tammany, Tangipahoa, Terrebonne, 

Vermilion, Washington, West Baton 

Rouge, West Feliciana. 

Contiguous Parishes/Counties: 

Louisiana: Allen, Avoyelles, 

Beauregard, Concordia, Evangeline, 

St. Landry. 

Mississippi: Amite, Hancock, Marion, 

Pearl River, Pike, Walthall, 

Wilkinson. 

Texas: Jefferson, Newton, Orange. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 5.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.687 

Businesses With Credit Available 

Elsewhere ................................. 6.557 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 4.750 

Percent 

Businesses And Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster for 

physical damage is 101768 and for economic 

injury is 101770. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–17686 Filed 9–6–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10178 and #10179] 

Mississippi Disaster #MS–00005 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for the State of Mississippi 

(FEMA–1604–DR), dated 08/29/2005. 

Incident: Hurricane Katrina. 

Incident Period: 08/29/2005 and 

continuing. 

DATES: Effective Date: 08/29/2005. 

Physical Loan Application Deadline 

Date: 10/28/2005. 

EIDL Loan Application Deadline Date: 

05/29/2006. 

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 

08/29/2005, applications for disaster 

loans may be filed 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: 

Amite, Forrest, George Greene, 

Hancock, Harrison, Jackson, Lamar, 

Marion, Pearl River, Perry, Pike, 

Stone, Walthall, Wilkinson. 

Contiguous Counties: 

Mississippi: Adams, Covington, 

Franklin, Jefferson Davis, Jones, 

Lawrence, Lincoln, Wayne. 

Alabama: Mobile, Washington. 

Louisiana: Concordia, East Feliciana, 

St. Helena, St. Tammany, 

Tangipahoa, Washington, West 

Feliciana. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 5.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.687 

Businesses With Credit Available 

Elsewhere ................................. 6.557 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

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 101788 and for economic 

injury is 101790. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–17685 Filed 9–6–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10169 and #10170] 

Texas Disaster #TX–00062 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Texas dated 08/29/2005. 

Incident: Severe Storms and Flooding. 

Incident Period: 08/09/2005 through 

08/15/2005. 

DATES: Effective Date: 08/29/2005. 

Physical Loan Application Deadline 

Date: 10/28/2005. 

EIDL Loan Application Deadline Date: 

05/29/2006. 

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 

Administrator’s disaster declaration 

applications for disaster loans may be