Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69619 

4The Commission notes that the Exchange is 

clarifying the type of information that must be 

included in the press release. 

5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12). 

Exchange may forebear, at its sole 

discretion, from commencing 

suspension and delisting, 

notwithstanding their failure to file 

within the time periods specified in 

section 802.01E. The Exchange will 

advise the SEC of, and publish on the 

NYSE’s Web site, any such 

determination. In addition, the 

Exchange will reevaluate such 

determination once every three months 

and, if the Exchange reaffirms its 

decision to allow trading to continue, 

the Exchange will advise the SEC of, 

and publish on the NYSE’s website, that 

reaffirmation. 

In all such cases, Exchange staff will 

continue to hold regular discussions 

and meetings with the company’s 

management, directors, regulators and 

advisors to monitor the status of the 

annual report filing, as well as the 

company’s compliance with the NYSE’s 

other qualitative and quantitative 

requirements, and to determine whether 

to allow the company to continue to 

trade despite the continued failure to 

file an annual report with the SEC. In 

addition, in order to provide investors 

with appropriate notice that companies 

have failed to file their annual reports 

with the SEC in a timely manner, the 

Exchange will continue to monitor and 

disseminate transparent information on 

the failure of such companies to file 

their annual report with the SEC, 

including through appending an ‘‘.LF’’

indicator in the financial status field of 

the company’s ticker symbol and 

distributing that information via the low 

speed ticker and through our data 

stream to market data vendors. 

The NYSE also maintains an up to 

date list of companies that are late in 

filing their annual reports with the SEC 

on our Web site at http://www.nyse.com. 

Additionally, each NYSE listed 

company has a unique data page on the 

site and, when applicable, this page 

indicates that the company is 

considered a late filer. 

With respect to all companies subject 

to section 802.01E, the Exchange is also 

proposing to (i) shorten the initial 

monitoring period for companies that 

miss their Filing Due Date from nine to 

six months and (ii) lengthen from three 

to six months the additional period that 

the Exchange may grant companies 

prior to the commencement of 

suspension and delisting procedures. In 

addition, the Exchange is proposing 

minor amendments to section 802.01E 

to clarify the requirements regarding 

procedures for press releases relating to 

late filings.4

2. Statutory Basis 

The basis under the Exchange Act for 

this proposed rule change is the 

requirement under section 6(b)(5) 5 that 

an exchange have rules that are 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to, and 

perfect the mechanism of a free and 

open market and, in general, to protect 

investors and the public interest. 

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 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

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 NYSE consents, the 

Commission will: 

A. By order approve the 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 is consistent with the Exchange 

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–NYSE–2005–75 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–NYSE–2005–75. 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 NYSE. 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–NYSE–2005–75 and should 

be submitted on or before December 7, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.6

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–22777 Filed 11–10–05; 4:38 pm] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 10245 and # 10246] 

Indiana Disaster # IN–00002 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

69620 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

disaster for the State of Indiana (FEMA–

1612–DR ), dated 11/8/2005. 

Incident: Tornado and Severe Storms. 

Incident Period: 11/6/2005. 

Effective Date: 11/8/2005. 

Physical Loan Application Deadline 

Date: 1/9/2006. 

EIDL Loan Application Deadline Date: 

8/8/2006. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, National Processing 

and Disbursement Center, 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: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

11/8/2005, applications for disaster 

loans may be filed at the address listed 

above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Vanderburgh 

Warrick 

Contiguous Counties: Indiana 

Dubois, Gibson, Pike, Posey, Spencer 

Kentucky 

Daviess, Henderson 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 5.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.687 

Businesses With Credit Available 

Elsewhere ................................. 6.557 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

Other (Including Non-profit Organizations) With Credit Available 

Elsewhere ................................. 4.750 

Businesses and Non-profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage is 10245C and for 

economic injury is 102460. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 05–22735 Filed 11–15–05; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Advisory Committee on Veterans 

Business Affairs; Public Meeting 

The U.S. Small Business 

Administration (SBA), pursuant to the 

Veterans Entrepreneurship and Small 

Business Development Act of 1999 (Pub. 

L. 106–50), Advisory Committee on 

Veterans Business Affairs will host a 

second public meeting on November 

15–17, 2005. The meeting will take 

place at the U.S. Small Business 

Administration, 409 3rd Street, SW., 

Washington, DC 20416. The meeting on 

Tuesday, November 15, 2005 and 

Wednesday, November 16, 2005 will 

start at 9 a.m. until 5 p.m., in the 

Eisenhower Conference Room, located 

on the 2nd floor. The meeting on 

Thursday, November 17, 2005 will start 

at 9 a.m. until noon, in the 

Administration’s Conference Room, 

located on the 7th floor. 

Anyone wishing to attend must 

contact Cheryl Clark in writing or by 

fax. Cheryl Clark, Program Liaison, 

Office of Veterans Business 

Development, 409 3rd Street, SW., 

Washington, DC 204165, phone (202) 

205–6773), fax: (202) 481–6085, e-mail: 

cheryl.clark@sba.gov. 

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 05–22736 Filed 11–15–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 5229] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Bellini 

and the East’’

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, and 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 

‘‘Bellini and the East,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to a loan agreements with the 

foreign lenders. I also determine that the 

exhibition or display of the exhibit 

objects at the Isabella Stewart Gardner 

Museum, Boston, MA from on or about 

December 15, 2005 to on or about March 

26, 2006, 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 Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, Department of State, 

(telephone: 202/453–8048). The address 

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

Street, SW., Room 700, Washington, DC 

20547–0001. 

Dated: November 7, 2005. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 05–22722 Filed 11–15–05; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF STATE 

[Public Notice 5228] 

Bureau of Political-Military Affairs; 

Statutory Debarment Under the 

International Traffic in Arms 

Regulations 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Department of State has imposed 

statutory debarment pursuant to Section 

127.7(c) of the International Traffic in 

Arms Regulations (‘‘ITAR’’) (22 CFR 

parts 120 to 130) on persons convicted 

of violating or conspiring to violate 

Section 38 of the Arms Export Control 

Act (‘‘AECA’’) (22 U.S.C. 2778). 

EFFECTIVE DATE: Date of conviction as 

specified for each person. 

FOR FURTHER INFORMATION CONTACT: 

David Trimble, Director, Office of 

Defense Trade Controls Compliance, 

Bureau of Political-Military Affairs, 

Department of State (202) 663–2700. 

SUPPLEMENTARY INFORMATION: Section 

38(g)(4) of the AECA, 22 U.S.C. 2778, 

prohibits licenses and other approvals 

for the export of defense articles or 

defense services to be issued to persons, 

or any party to the export, who have 

been convicted of violating certain 

statutes, including the AECA. 

In implementing this section of the 

AECA, the Assistant Secretary for 

Political-Military Affairs is authorized 

by Section 127.7 of the ITAR to prohibit 

any person who has been convicted of 

violating or conspiring to violate the 

AECA from participating directly or 

indirectly in the export of defense