54796 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Notices 

71 XXX 

72 15 U.S.C. 78s(b)(2). 

73 17 CFR 200.30–3(a)(12). 

which should be included in the 

development of the risk-based sampling 

techniques in the proposed rule text 

will clarify members’ and member 

organizations’ obligations in monitoring 

the use of these exceptions, as well as 

provide for effective supervision and 

review of associated persons in such 

exempt locations. 

Amendment No. 3 provides a more 

comprehensive list of factors to be 

considered in the development of the 

risk-based sampling techniques, makes 

technical and clarifying changes to the 

rule text, and provides a discussion on 

the timing of the adoption of the 

Exchange’s new definition of branch 

office. The Commission believes that the 

proposed changes in Amendment No. 3 

provide for a clearer understanding of 

the implementation of the proposed 

branch office definition. Specifically, 

the Commission agrees with the 

Exchange that branch office registration 

should be primarily determined by the 

functions performed in an office. For 

instance, the Exchange’s proposed 

deletion of the qualifier ‘‘other than the 

main office’’ from the definition of 

branch office recognizes that the 

definition of branch office and its 

corresponding registration should be 

triggered based on the activities 

performed at the location, even if the 

activities are performed at the main 

office. Similarly, the Exchange also 

proposes that, despite the seven 

exceptions to the definition of branch 

office, any location responsible for 

supervising the activities of persons 

associated with a member or member 

organization at one or more non-branch 

locations of such member or member 

organization should nevertheless 

register as a branch office. The 

Commission notes that this rule change 

is similar to one proposed by the NASD 

in its branch office filing. Finally, the 

Commission notes that the additional 

technical and clarifying changes made 

to NYSE Rule 342.10 raise no new 

issues of regulatory concern. 

Accordingly, the Commission believes 

that accelerated approval of 

Amendment Nos. 2 and 3 is appropriate. 

VI. Conclusion 

For the foregoing reasons, the 

Commission finds that the proposed 

rule change, as amended, is consistent 

with the Act and the rules and 

regulations thereunder applicable to a 

national securities exchange, and, in 

particular, with Section 6(b)(5) of the 

Act.71

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,72 that the 

proposed rule change (SR–NYSE–2002–

34) and Amendment No. 1 thereto are 

approved, and that Amendment Nos. 2 

and 3 thereto are approved on an 

accelerated basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.73

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–5033 Filed 9–15–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 10180 and # 10181] 

Alabama Disaster Number AL–00003 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment 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. 

Effective Date: 09/08/2005. 

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: The notice 

of the Presidential disaster declaration 

for the State of Alabama, dated 08/29/ 

2005, is hereby amended to include the 

following areas as adversely affected by 

the disaster: 

Primary Counties: 

Choctaw, Clarke, Greene, Hale, 

Pickens, Sumter, Tuscaloosa. 

Contiguous Counties: 

Alabama, Bibb, Fayette, Jefferson, 

Lamar, Marengo, Perry, Walker, 

Wilcox. 

Mississippi, Clarke, Kemper, 

Lauderdale, Lowndes, Noxubee. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–18436 Filed 9–15–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 10137 and # 10138] 

Florida Disaster Number FL–00005 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 4. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of Florida (FEMA–

1595–DR), dated 07/10/2005. 

Incident: Hurricane Dennis. 

Incident Period: 07/07/2005 and 

continuing through 07/20/2005. 

Effective Date: 08/31/2005. 

Physical Loan Application Deadline 

Date: 09/08/2005. 

EIDL Loan Application Deadline Date: 

04/10/2006. 

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: The notice 

of the President’s major disaster 

declaration for the State of Florida, 

dated 07/10/2005, is hereby amended to 

re-establish the incident period for this 

disaster as beginning 07/07/2005 and 

continuing through 07/20/2005. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–18437 Filed 9–15–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 10193 and # 10194] 

Georgia Disaster # GA–00004 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster