Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices 59793 

8See PCXE Rule 1.1(n). 

9See PCX Rule 6.82(e) which states ‘‘The 

Exchange will select that candidate who appears 

best able to perform the functions of an LMM in the 

designated option issue. Factors to be considered 

for selection include, but are not limited to, the 

following: experience with trading the option issue; 

adequacy of capital; willingness to promote the 

Exchange as a marketplace; operational capacity; 

support personnel; history of adherence to 

Exchange rules and securities laws; trading crowd 

evaluations made pursuant to Rule 6.100; and any 

other criteria specified in this Rule.’’

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

11 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12). 

Process. The Exchange also proposes 

adding a definition to PCXE Rule 1.1 to 

describe a LMM as an exclusive DMM 

for primary listings. Further, the 

Exchange proposes adding language to 

PCXE Rule 7.22 regarding the 

Registration of Market Makers to 

provide the Corporation with the ability 

to limit the number of DMMs with prior 

written notice to ETP Holders.8 PCXE 

Rule 7.22 already provides that the 

Corporation may consider certain 

performance and capability guidelines 

in selecting Market Makers. The 

Exchange also proposes adding DMM 

and LMM selection criteria that is 

consistent with the criteria described in 

PCX Rule 6.82 for options LMMs.9 In 

addition, the Exchange seeks to clarify 

in PCXE Rule 7.24 that DMMs would be 

required to maintain certain 

performance standards which may vary 

depending on the price, liquidity, and 

volatility of the security. In particular, 

such standards would include (i) 

Percent of time at the NBBO; (ii) percent 

of executions better than the NBBO; (iii) 

average displayed size; (iv) average 

quoted spread; and (v) in the event the 

security is a derivative security, the 

ability of the DMM to transact in the 

underlying markets. The Exchange 

would have the ability to modify the 

specific levels to be used in defining the 

performance standards, however, the 

Exchange would not modify the types of 

standards to be used. Lastly, PCXE Rule 

7.25 would be modified to require 

LMMs to register as Odd Lot Dealers in 

the securities in which they are 

registered as LMM. This modification 

would ensure that odd lot executions 

are facilitated for primary listings that 

could not otherwise be routed away to 

another market center for execution. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change, as amended, is 

consistent with Section 6(b) of the 

Act,10 in general, and furthers the 

objectives of Section 6(b)(5) of the Act,11

in particular, in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principals of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanism 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 

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–2005–56 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–2005–56. 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–

2005–56 and should be submitted on or 

before November 3, 2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. E5–5594 Filed 10–12–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 06/76–0329] 

Pharos Capital Partners II, L.P.; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that Pharos 

Capital Partners II, L.P., One Burton 

Hills Blvd., Suite 180, Nashville, TN 

37215, a Federal Licensee 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 § 107.730, Financings 

which Constitute Conflicts of Interest of 

the Small Business Administration 

(‘‘SBA’’) Rules and Regulations (13 CFR 

107.730). Pharos Capital Partners II, L.P. 

proposes to provide equity/debt security 

financing to Alereon, Inc. The financing 

59794 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices 

is contemplated for working capital and 

general corporate purposes. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because Pharos Capital 

Partners, L.P. is an Associate of Pharos 

Capital Partners II, L.P. which owns 

more than ten percent of Alereon, Inc. 

Therefore, Alereon, Inc. is considered 

an Associate of Pharos Capital Partners 

II, L.P. as defined in 13 CFR 107.50 of 

the SBIC Regulations. 

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 ́n-Fournier, 

Associate Administrator for Investment. 

[FR Doc. 05–20496 Filed 10–12–05; 8:45 am] 

BILLING CODE 6025–01–P 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974 as Amended; 

Computer Matching Program (SSA/ 

Department of Labor (DOL))—Match 

Number 1003 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of the renewal of an 

existing computer matching program 

which is scheduled to expire on 

November 16, 2005. 

SUMMARY: In accordance with the 

provisions of the Privacy Act, as 

amended, this notice announces the 

renewal of an existing computer 

matching program that SSA is currently 

conducting with DOL. 

DATES: SSA will file a report of the 

subject matching program with the 

Committee on Homeland Security and 

Governmental Affairs of the Senate; the 

Committee on Government Reform and 

Oversight of the House of 

Representatives; and the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB). The renewal of the matching 

program will be effective as indicated 

below. 

ADDRESSES: Interested parties may 

comment on this notice by either telefax 

to (410) 965–8582 or writing to the 

Associate Commissioner for Income 

Security Programs, 245 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401. All 

comments received will be available for 

public inspection at this address. 

FOR FURTHER INFORMATION CONTACT: The 

Associate Commissioner for Income 

Security Programs as shown above. 

SUPPLEMENTARY INFORMATION: 

A. General 

The Computer Matching and Privacy 

Protection Act of 1988 (Public Law 

(Pub. L.) 100–503), amended the Privacy 

Act (5 U.S.C. 552a) by describing the 

manner in which computer matching 

involving the Federal government could 

be performed and adding certain 

protections for individuals applying for 

and receiving Federal benefits. Section 

7201 of the Omnibus Budget 

Reconciliation Act of 1990 (Pub. L. 101–

508) further amended the Privacy Act 

regarding protections for such 

individuals. 

The Privacy Act, as amended, 

regulates the use of computer matching 

by Federal agencies when records in a 

system of records are matched with 

other Federal, State, or local government 

records. It requires Federal agencies 

involved in computer matching 

programs to: 

(1) Negotiate written agreements with 

the other agency, or agencies, 

participating in the matching programs; 

(2) Obtain the approval of the 

matching agreement by the Data 

Integrity Boards (DIB) of the 

participating Federal agencies; 

(3) Publish notice of the computer 

matching program in the Federal 

Register; 

(4) Furnish detailed reports about 

matching programs to Congress and 

OMB; 

(5) Notify applicants and beneficiaries 

that their records are subject to 

matching; and 

(6) Verify match findings before 

reducing, suspending, terminating or 

denying an individual’s benefits or 

payments. 

B. SSA Computer Matches Subject to 

the Privacy Act 

We have taken action to ensure that 

all of SSA’s computer matching 

programs comply with the requirements 

of the Privacy Act, as amended. 

Dated: September 27, 2005. 

Martin H. Gerry, 

Deputy Commissioner for Disability and 

Income Security Programs. 

Notice of Computer Matching 

Program, Social Security Administration 

(SSA) with the Department of Labor 

(DOL) 

A. Participating Agencies 

SSA and DOL. 

B. Purpose of the Matching Program 

The purpose of this matching program 

is to establish the conditions, terms, and 

safeguards for DOL’s disclosure of Part 

C Black Lung (BL) benefit data to SSA. 

SSA will use the match results to verify 

that recipients of Part C BL benefits are 

receiving the correct amount of Social 

Security disability benefits, as required 

by the Social Security Act (the Act). 

C. Authority for Conducting the 

Matching Program 

The legal authority for SSA to 

conduct this matching activity is 

contained in section 224(h)(1) of the Act 

(42 U.S.C. 424a(h)(1)). 

D. Categories of Records and 

Individuals Covered by the Matching 

Program 

DOL will provide SSA with a file 

extracted from the Office of Workers’

Compensation Programs’ BL Benefit 

Payments File. The extracted file will 

contain information about all live 

miners, under age 65, entitled to Part C 

BL benefits. Each record on the DOL file 

will be matched with SSA’s Master 

Beneficiary Record (SSA/OEEAS 60–

0090) to identify individuals potentially 

subject to benefit reductions due to their 

receipt of Part C BL benefits, under 

section 224 of the Act (42 U.S.C. 424a). 

E. Inclusive Dates of the Matching 

Program 

The matching program will become 

effective upon signing of the agreement 

by both parties to the agreement and 

approval of the agreement by the Data 

Integrity Boards of the respective 

agencies, but no sooner than 40 days 

after notice of the matching program is 

sent to Congress and the Office of 

Management and Budget, or 30 days 

after publication of this notice in the 

Federal Register, whichever date is 

later. The matching program will 

continue for 18 months from the 

effective date and may be extended for 

an additional 12 months thereafter, if 

certain conditions are met. 

[FR Doc. 05–20502 Filed 10–12–05; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974, as Amended; 

Alterations to Existing System of 

Records and New Routine Use 

Disclosure 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Altered System of Records and 

Proposed New Routine Use.