Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55655 

22 15 U.S.C. 78f(b). 

23 15 U.S.C. 78f(b)(5). 

24Telephone conversation between Richard S. 

Rudolph, Vice President and Counsel, Phlx, and 

Terri L. Evans, Special Counsel, Division, 

Commission on September 14, 2005 (clarifying 

Phlx’s statement on burden on competition). 25 17 CFR 200.30–3(a)(12). 

of the rules and OFPAs. Finally, these 

rules would also be amended to include 

the term ‘‘Market Surveillance officer’’

to conform to the current Exchange staff 

structure. 

Deployment of the Automated Opening 

System 

The Exchange will deploy the 

automated opening system on an issueby-issue basis. The Exchange anticipates 

that at least 10 issues will be deployed 

on the system within four weeks from 

the date of approval of the rules relating 

to the system by the Commission, and 

that the system will be deployed for all 

options traded on the Exchange within 

twelve weeks of such approval. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 22 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 23

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and the national market 

system, and, in general, to protect 

investors and the public interest, by 

establishing rules for an automated 

opening system, thereby increasing the 

number of option orders handled 

electronically on the Exchange. 

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 not 

necessary or appropriate in furtherance 

of the purposes of the Act.24

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 Exchange consents, 

the Commission will: 

(A) By order approve such proposed 

rule change, or 

(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, 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–2005–25 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

Number SR–Phlx–2005–25. 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 the filing also will be 

available for inspection and copying at 

the principal office of the Phlx. 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–Phlx–2005–25 and should 

be submitted on or before October 13, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.25

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18899 Filed 9–21–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Notice Seeking Exemption Under 

Section 312 of the Small Business 

Investment Act, Conflicts of Interest 

Notice is hereby given that Harbert 

Mezzanine Partners SBIC II, L.P. 

(‘‘Applicant’’), One Riverchase Parkway 

South, Birmingham, AL 35244, an SBIC 

Applicant under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under section 312 of the 

Act and section 107.730, Financings 

which Constitute Conflicts of Interest, of 

the Small Business Administration 

(‘‘SBA’’) rules and regulations (13 CFR 

107.730 (2004)). Harbert Mezzanine 

Partners SBIC II, L.P. proposes to 

provide financing in the form of 

subordinated debt and Series B 

convertible preferred stock to Optical 

Experts Manufacturing, Inc. (‘‘OEM’’), 

8500 Tyron Street, Charlotte, NC 28273. 

The proceeds will be used to finance the 

recapitalization of OEM. 

This investment requires an 

exemption from the prohibitions in 13 

CFR 107.730, Conflicts of Interest, 

because OEM is an Associate of the 

Applicant by virtue of the greater than 

10 percent ownership interest held by 

Harbinger Mezzanine Partners, L.P. 

(‘‘Harbinger’’). 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Jaime Guzman-Fournier, 

Associate Administrator for Investment. 

[FR Doc. 05–18888 Filed 9–21–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Audit and Financial Management 

Advisory (AFMAC) 

Committee Meeting 

The U.S. Small Business 

Administration’s Audit and Financial