55202 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3On July 28, 2000, the Commission approved a 

national market system plan for the purpose of 

creating and operating an intermarket option 

linkage proposed by the American Stock Exchange 

LLC, the Chicago Board Options Exchange, 

Incorporated, and the International Securities 

Exchange, Inc. See Securities Exchange Act Release 

No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 

2000) (‘‘Linkage Plan’’). Subsequently, upon 

separate requests by the Phlx, the Pacific Exchange, 

Inc., and the Boston Stock Exchange, Inc., the 

Commission issued orders to permit these 

exchanges to participate in the Linkage Plan. See 

Securities Exchange Act Release Nos. 43573 

(November 16, 2000), 65 FR 70851 (November 28, 

2000); 43574 (November 16, 2000), 65 FR 70850 

(November 28, 2000); and 49198 (February 5, 2004), 

69 FR 7029 (February 12, 2004). 

4 In Amendment No. 1, the Phlx revised the rule 

text to use terms consistent with Phlx’s current 

rules and the Linkage Plan, and made clarifying 

changes in the description of the substance of the 

proposed rule change and the purpose and statutory 

basis sections. 

5See Securities Exchange Act Release No. 52175 

(July 29, 2005), 70 FR 45480. 

6See Phlx Rule 1083(o). 

7See Phlx Rule 1083(k). 

8 15 U.S.C. 78f. 

9 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

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

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(2). 

B. Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–PCX–2005–104 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–9303. 

All submissions should refer to File 

Number SR–PCX–2005–104. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of the Exchange. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make publicly available. All 

submissions should refer to File 

Number SR–PCX–2005–104 and should 

be submitted on or before October 11, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18673 Filed 9–19–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52416; File No. SR–Phlx–

2005–26] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Order Approving a Proposed Rule 

Change and Amendment No. 1 Thereto 

To Amend the Exchange’s TradeThrough and Locked Markets Rules 

September 13, 2005. 

On April 26, 2005, the Philadelphia 

Stock Exchange, Inc. (‘‘Phlx’’), filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) a 

proposed rule change pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 to implement 

Amendment No. 15 to the Plan for the 

Purpose of Creating and Operating an 

Intermarket Option Linkage 3 by 

amending Phlx Rules 1083 and 1086 to 

add a ‘‘trade and ship’’ exception to the 

definition of ‘‘Trade-Through’’ and add 

a ‘‘book and ship’’ exception to the 

provision relating to locked markets, 

respectively. On July 21, 2005, the Phlx 

filed Amendment No. 1 to the proposed 

rule change.4 The proposed rule change, 

as amended, was published for 

comment in the Federal Register on 

August 5, 2005.5 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change, as amended. 

Under the proposed rule change, a 

Participant Exchange 6 could trade an 

order at a price that is one minimum 

quoting increment inferior to the 

national best bid or offer (‘‘NBBO’’) if a 

Linkage Order 7 is sent 

contemporaneously to the market(s) 

disseminating the NBBO to satisfy all 

interest at the NBBO price. The 

proposed rule change also would 

provide that an Eligible Market Maker or 

other member may book an order that 

would otherwise lock another market if 

a Linkage Order is sent 

contemporaneously to such other 

market to satisfy all interest at the lock 

price and only the remaining portion of 

the order is booked. The Phlx proposes 

that, under trade and ship, any 

execution received from the market 

disseminating the NBBO must (pursuant 

to agency obligations) be reassigned to 

the customer order that is underlying 

the Linkage Order that was sent to trade 

with the market disseminating the 

NBBO. 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of Section 6 of the Act 8

and the rules and regulations 

thereunder applicable to a national 

securities exchange.9 In particular, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act,10 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 a national market system, and, in 

general, to protect investors and the 

public interest. The Commission 

believes that the proposed rule change 

should help to implement the Linkage 

Plan by facilitating the ability of Phlx’s 

members to execute their customer 

orders in a timely manner and 

potentially could decrease the incidence 

of Trade-Throughs and locked markets. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,11 that the 

proposed rule change (SR–Phlx–2005–

26) as amended, is approved. 

Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 55203 

12 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18621 Filed 9–19–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 5190] 

Meeting of the U.S.-Chile Environment 

Affairs Council 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of State and 

the Office of the United States Trade 

Representative (USTR) are providing 

notice that, as set forth in Chapter 19 

(Environment) of the U.S.-Chile Free 

Trade Agreement (FTA), the tow 

governments intend to hold the second 

meeting of the Environment Affairs 

Council (the ‘‘Council’’) in Washington, 

DC on October 24, 2005. U.S. Deputy 

Assistant Secretary Claudia McMurray 

and Chilean Under Secretary Rodrigo 

Egana will jointly chair the Council 

meeting. The purpose of this meeting is 

detailed below under SUPPLEMENTARY

INFORMATION. 

In this notice, the Department of state 

and USTR are requesting: (1) Written 

comments from the public regarding 

agenda items for the Council meeting; 

(2) written comments regarding the 

implementation of the eight cooperative 

projects listed in Annex 19.3 of Chapter 

19 (Environment) of the FTA, 

particularly Reducing Mining Pollution 

and Sharing Private Sector Expertise (in 

the initial implementation stages); (3) 

written comments regarding 

implementation of Chapter 19’s 

framework for public participation; and 

(4) written suggestions for future 

bilateral environmental cooperation 

between the United States and the 

Republic of Chile. A joint public session 

will be held immediately following the 

Council meeting. The purpose of this 

public session is detailed below under 

SUPPLEMENTARY INFORMATION. In 

preparing comments, the public is 

encouraged to refer to: 

• The environment chapter of the 

U.S.-Chile Free Trade Agreement and 

Annex 19.3, available at:http://www.

ustr.gov/assets/Trade_Agreements/

Bilateral/Chile_FTA/Final_Texts/asset_

upload_file482_401.3.pdf; 

• The U.S.-Chile Environmental 

Cooperation Agreement, available 

at:http://www.state.gov/goes/rls/or/ 

22185.html and 

• The Final Environment Review of 

the U.S.-Chile Free Trade Agreement, 

available at: http://www.ustr.gov/assets/ 

Trade_Agreements/Bilateral/Chile_FTA/ 

asset_upload_file 411_5109.pdf. 

DATES: To guarantee receipt in proper 

time for consideration prior to the 

meeting, comments are requested no 

later than October 20, 2005. 

ADDRESSES: Comments may be sent by 

fax to (202) 647–5947 or (202) 647–

1052. by e-mail to OES–ENV–

Mail@state.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Sperling, Department of State, 

Bureau of Oceans and International 

Environmental and Scientific Affairs, 

Office of Policy Coordination and 

Initiatives, Telephone (202) 647–2061. 

SUPPLEMENTARY INFORMATION: The U.S.- 

Chile Free Trade Agreement (FTA) 

entered into force on January 1, 2004. 

Article 3 of Chapter 19 (Environment) of 

the FTA establishes an Environment 

Affairs Council (the ‘‘Council’’), which 

is required to meet once a year, or more 

often if agreed by the two governments, 

to discuss the implementation of, and 

progress under, Chapter 19. Chapter 19 

requires that meetings of the Council 

include a public session, unless 

otherwise agreed by the two 

governments. The first meeting of the 

Council was held on July 22, 2004, in 

Santiago, Chile, to discuss issues of 

mutual concern related to Chapter 19 of 

the FTA, including matters related to 

the eight cooperation projects listed in 

Annex 19.3 of the FTA. The Council 

Agenda for this second meeting will 

include discussion of the progress in 

implementing the eight cooperation 

projects under Chapter 19 of the FTA. 

This meeting will also consider how to 

further implement the provisions of 

Chapter 19, including public 

participation, and recommendations for 

future bilateral cooperation. Written 

comments from the public regarding 

agenda items for the Council meeting, as 

well as written comments regarding the 

eight cooperative projects and future 

bilateral cooperation, may be submitted 

to the contact addresses listed above. 

The public session will take place in 

Washington, DC after the Council 

meeting, on October 24, 2005 starting 

time and place to be announced, in 

order to explain the provision in 

Chapter 19 of the FTA and the role of 

the Council, as well as discuss the 

cooperative projects identified in the 

annex of Chapter 19. The public is 

advised to refer to the State Department 

Web site at http://www.state.gov/g/oes/ 

env/ for further information related to 

this meeting. 

Dated: September 15, 2005. 

David E. Brown, 

Director, Office of Environmental Policy 

Department of State. 

[FR Doc. 05–18723 Filed 9–19–05; 8:45 am] 

BILLING CODE 4710–09–M 

TENNESSEE VALLEY AUTHORITY 

Paperwork Reduction Act of 1995, as 

amended by Pub. L. 104–13; 

Submission for OMB Review; 

Comment Request 

AGENCY: Tennessee Valley Authority. 

ACTION: Submission for OMB review; 

comment request. 

SUMMARY: The proposed information 

collection described below will be 

submitted to the Office of Management 

and Budget (OMB) for review, as 

required by the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35, as 

amended). The Tennessee Valley 

Authority is soliciting public comments 

on this proposed collection as provided 

by 5 CFR 1320.8(d)(1). Requests for 

information, including copies of the 

information collection proposed and 

supporting documentation, should be 

directed to the Agency Clearance 

Officer: Alice D. Witt, Tennessee Valley 

Authority, 1101 Market Street (EB 5B), 

Chattanooga, Tennessee 37402–2801; 

(423) 751–6832. (SC: 0001JTJ) 

Comments should be sent to the OMB 

Office of Information and Regulatory 

Affairs, Attention: Desk Officer for the 

Tennessee Valley Authority by October 

20, 2005. 

SUPPLEMENTARY INFORMATION: 

Type of Request: Regular submission; 

proposal for a new collection. 

Title of Information Collection: 

Confirmation of TVA-Owned Cash. 

Frequency of Use: One time. 

Type of Affected Public: Business. 

Small Businesses or Organizations 

Affected: No. 

Estimated Number of Annual 

Responses: 629. 

Estimated Total Annual Burden 

Hours: 345.50. 

Estimated Average Burden Hours Per 

Response: 0.55 hours. 

Need For and Use of Information: We 

are requesting the information from the 

financial institutions located near TVA 

operating plants and offices to 

determine whether those financial 

institutions have TVA-owned cash on 

deposit. We will use the information 

obtained to confirm the amount of cash