Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55443 

10 15 U.S.C. 78f(b)(1). 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b-4. 

3 In Amendment No. 1, the Exchange made 

clarifying changes to the proposed rule text relating 

to the availability of Participant exchanges’

automatic execution system. 

4See Securities Exchange Act Release No. 52401 

(September 9, 2005) (File No. 4–429). 

5On July 28, 2000, the Commission approved a 

national market system plan for the purpose of 

creating and operating an intermarket option market 

linkage proposed by the American Stock Exchange, 

LLC, Chicago Board Options Exchange, 

Incorporated, and International Securities 

Exchange, Inc. See Securities Exchange Act Release 

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

Continued 

Section 6(b)(1) of the Act,10 in 

particular, in that it is 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. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments on the proposed 

rule change were neither solicited nor 

received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange requested that the 

proposed rule change be given 

expedited review and accelerated 

approval pursuant to Section 19(b)(2) of 

the Act. The Exchange believes that the 

proposed rule proposal is consistent 

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

of the Act and the rules and regulations 

thereunder applicable to a national 

securities exchange. In particular, the 

Exchange believes that its proposal to 

implement the PL Order adds 

significant value to investors and Users, 

will enhance available order interaction 

opportunities, and does not raise any 

new regulatory issues. Accordingly, the 

Exchange believes that its proposal will 

facilitate transactions in securities, 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national system, and, in general, 

protect investors and the public interest. 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve such proposed 

rule change, as amended, or 

(B) Institute proceedings to determine 

whether the proposed rule change, as 

amended, 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, as amended, 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–2005–53 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–2005–53. 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 

Section, Station Place, 100 F Street, NE., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of the PCX. 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 

available publicly. All submissions 

should refer to File Number SR–PCX–

2005–53 and should be submitted on or 

before October 12, 2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18762 Filed 9–20–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52425; File No. SR–Phlx–

2005–27] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing of Proposed Rule 

Change and Amendment No. 1 Thereto 

Relating to the Modification of the 

Definition of Firm Customer Quote Size 

and the Removal of Certain 

Restrictions on Sending Secondary P/ 

A Orders Under the Linkage Plan 

September 14, 2005. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’)1 and Rule 19b-4 thereunder,2

notice is hereby given that on April 26, 

2005, the Philadelphia Stock Exchange, 

Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the Phlx. On 

September 2, 2005, the Exchange 

submitted Amendment No. 1 to the 

proposed rule change.3 The Commission 

is publishing this notice to solicit 

comments on the proposed rule change, 

as amended, from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

rules governing the operation of the 

intermarket option linkage to conform 

with a proposed amendment 4 to the 

Plan for the Purpose of Creating and 

Operating an Intermarket Option 

Linkage (‘‘Linkage Plan’’).5 The 

55444 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

2000). Subsequently, upon separate requests by the 

Phlx, Pacific Exchange, Inc. and 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 70850 

(November 28, 2000), 43574 (November 16, 2000), 

65 FR 70851 (November 28, 2000) and 49198 

(February 5, 2004), 69 FR 7029 (February 12, 2004). 

6A P/A Order is an order for the principal 

account of a specialist (or equivalent entity on 

another Participant Exchange that is authorized to 

represent Public Customer orders), reflecting the 

terms of a related unexecuted Public Customer 

order for which the specialist is acting as agent. See 

Exchange Rule 1083(k)(i). 

7Section 2(24) of the Linkage Plan defines 

‘‘Participant’’ as an Eligible Exchange whose 

participation in the Linkage Plan has become 

effective pursuant to Section 4(c) of the Linkage 

Plan. 

8The Commission made technical corrections to 

this sentence pursuant to a telephone conversation 

with Phlx, as noted herein. Telephone call between 

Tim Fox, Special Counsel, Commission, and 

Richard Rudolph, Vice President and Counsel, Phlx 

on September 12, 2005. 

9 15 U.S.C. 78f(b). 

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

Exchange is proposing to amend: (i) 

Exchange Rule 1083 by modifying the 

definition of Firm Customer Quote Size 

(‘‘FCQS’’), and (ii) Exchange Rule 1084 

by deleting certain restrictions on 

sending secondary Principal Acting as 

Agent Orders (‘‘P/A Orders’’)6 pursuant 

to the Linkage Plan. The text of the 

proposed rule change, as amended, is 

available on Phlx’s Web site at 

(www.phlx.com), at the Phlx’s Office of 

the Secretary, and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change, as amended, 

and discussed any comments it received 

on the proposed rule change. The text 

of these statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to amend the definition of 

FCQS to reflect current practices of the 

respective Linkage Plan participants 

(‘‘Participants’’)7 relating to 

disseminated size that were not in 

existence at the time the Linkage Plan 

was originally adopted. At the time the 

Linkage Plan was originally adopted, 

options quote sizes generally were not 

disseminated through the Options Price 

Reporting Authority and most 

Participants employed automatic 

execution systems that guaranteed 

automatic executions of orders under a 

certain contract size (which was 

generally a static number). At that time, 

the FCQS was calculated based on the 

number of contracts the sending and 

receiving Participants guaranteed they 

would automatically execute. Now that 

all Participants disseminate dynamic 

quotes with size, the Exchange believes 

that it is appropriate to calculate the 

FCQS based on the size of the 

disseminated quotation of the 

Participant receiving the P/A Order. 

Accordingly, the Exchange proposes to 

amend Exchange Rule 1083(g) to define 

FCQS as the size of the disseminated 

quotation of the Participant receiving 

the P/A Order. 

Another purpose of the proposed rule 

change is to eliminate a 15-second 

waiting period for sending a secondary 

P/A Order pursuant to Exchange Rule 

1084(c)(2), which governs the manner in 

which a P/A Order larger than the FCQS 

can be broken into smaller P/A Orders. 

Currently, an initial P/A Order can be 

sent to the Participant whose 

disseminated price that is the National 

Best Bid or Offer (‘‘NBBO’’) for a size 

that is the FCQS. If the receiving 

Participant that is disseminating the 

NBBO continues to disseminate the 

same price after 15 seconds from the 

execution of the initial P/A Order, a 

secondary P/A Order can be sent for at 

least the lesser of: (i) The size of the 

disseminated quote; (ii) 100 contracts; 

or (iii) the remainder of the customer 

order underlying the P/A Orders. The 

Exchange proposes to eliminate the 15- 

second wait period because the dynamic 

quotes with size now employed by the 

Participants obviate the need for a 

manual quote refresh period for P/A 

Orders. The Exchange also proposes to 

amend Exchange Rule 1084 to clarify 

that an automatic execution of a P/A 

Order is not required if the P/A Order 

is larger than the Firm Customer Quote 

Size, and that automatic execution will 

be provided for P/A orders at or below 

the FCQS, if automatic execution is 

available.8

2. Statutory Basis 

The Exchange believes that its 

proposed rule change, as amended, is 

consistent with Section 6(b) of the Act 9

in general, and furthers the objectives of 

Section 6(b)(5) of the Act 10 in 

particular, in that it is designed to 

perfect the mechanisms of a free and 

open market and a national market 

system, protect investors and the public 

interest and promote just and equitable 

principles of trade, by amending the 

definition of FCQS to reflect current 

practices of the Participants relating to 

disseminated size, and by eliminating 

the 15-second wait period for the 

sending of secondary P/A Orders to 

reflect current systems in place on the 

various Participants. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change, as amended, 

would impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding, or 

(ii) as to which the Phlx consents, the 

Commission will: 

A. By order approve such proposed 

rule change, as amended; or 

B. Institute proceedings to determine 

whether the proposed rule change, as 

amended, 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, as amended, 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–Phlx–2005–27 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55445 

11 17 CFR 200.30–3(a)(12). 

Station Place, 100 F Street, NE., 

Washington, DC 20549–9303. 

All submissions should refer to File 

Number SR–Phlx–2005–27. 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 

Section 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-Phlx-2005–27 and should 

be submitted on or before October 12, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18768 Filed 9–20–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 5191] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘The 

Terracotta Warriors of Emperor Qin 

Shihuang’’

Summary: Notice is hereby given of 

the following determinations: Pursuant 

to the authority vested in me by the Act 

of October 19, 1965 (79 Stat. 985; 22 

U.S.C. 2459), Executive Order 12047 of 

March 27, 1978, the Foreign Affairs 

Reform and Restructuring Act of 1998 

(112 Stat. 2681, et seq.; 22 U.S.C. 6501 

note, et seq.), Delegation of Authority 

No. 234 of October 1, 1999, Delegation 

of Authority No. 236 of October 19, 

1999, as amended, and Delegation of 

Authority No. 257 of April 15, 2003 [68 

FR 19875], I hereby determine that the 

objects to be included in the exhibition 

‘‘The Terracotta Warriors of Emperor 

Qin Shihuang,’’ imported from abroad 

for temporary exhibition within the 

United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit objects at The John F. 

Kennedy Center for the Performing Arts, 

Washington, DC, from on or about 

October 1, 2005 to on or about October 

31, 2005, and at possible additional 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

For Further Information Contact: For 

further information, including a list of 

the exhibit objects, contact Wolodymyr 

R. Sulzynsky, the Office of the Legal 

Adviser, Department of State, 

(telephone: 202/453–8050). The address 

is Department of State, SA–44, 301 4th 

Street, SW., Room 700, Washington, DC 

20547–0001. 

Dated: September 14, 2005. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 05–18848 Filed 9–20–05; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF STATE 

[Public Notice 5166] 

Shipping Coordinating Committee; 

Notice of Meeting 

The Department of State’s Shipping 

Coordinating Committee; Subcommittee 

on Ocean Dumping will hold an open 

meeting on Wednesday, October 19, 

2005, from 1 p.m. to 3 p.m. to obtain 

public comment on the issues to be 

addressed at the October 24–28, 2005, 

Twenty-seventh Consultative Meeting of 

Contracting Parties to the London 

Convention. The London Convention of 

1972 is the global international treaty 

regulating ocean dumping. The meeting 

will also review the results of the 

Twenty-eighth Scientific Group Meeting 

of the London Convention that was held 

in London, United Kingdom from May 

23–27, 2005. 

In addition, participants at this 

meeting will discuss plans for 

ratification, by the United States, of the 

1996 London Protocol. The Protocol is 

a treaty signed by the United States in 

1998 that is separate from the London 

Convention. It sets forth a regime that is 

more comprehensive, more stringent, 

and more protective of the marine 

environment than the London 

Convention. 

The public meeting will be held at the 

Department of State located at 2201 C 

Street, NW., Washington, DC 20520 in 

Room 7835. Interested members of the 

public are invited to attend, up to the 

capacity of the room. 

For further information and preclearance into the Department of State, 

please contact: Anne Chick, Office of 

Ocean Affairs, U.S. Department of State, 

Room 5805, 2201 C Street, NW., 

Washington, DC 20520, telephone (202) 

647–3879, or email chickal@state.gov by 

Monday, October 17, 2005. 

Dated: September 15, 2005. 

Clayton Diamond, 

Executive Secretary, Shipping Coordinating 

Committee, Department of State. 

[FR Doc. 05–18849 Filed 9–20–05; 8:45 am] 

BILLING CODE 4710–09–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Notice of Meeting of the Industry Trade 

Advisory Committee on Small and 

Minority Business (ITAC–11) 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of a partially opened 

meeting. 

SUMMARY: The Industry Trade Advisory 

Committee on Small and Minority 

Business (ITAC–11) will hold a meeting 

on Monday, October 3, 2005, from 9 

a.m. to 3 p.m. The meeting will be 

opened to the public from 9 a.m. to 12 

p.m. and closed to the public from 12 

p.m. to 3 p.m. 

DATES: The meeting is scheduled for 

October 3, 2005, unless otherwise 

notified. 

ADDRESSES: The meeting will be held at 

the Marriott Greensboro High Point—

Magnolia Inn, located at One Marriott 

Drive, Greensboro, North Carolina 

27409 (336) 852–6450. 

FOR FURTHER INFORMATION CONTACT: 

Heather Tomasetti, DFO for ITAC–11 at 

(202) 482–3487, Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: During the 

opened portion of the meeting the 

following agenda items will be 

considered. 

• North Carolina Trade Policy 

Agenda Update by Senator Kay Hagan