Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70911 

10Specifically, OCC is proposing to amend 

Article VI of its By-Laws, ‘‘Clearance of Exchange 

Transactions,’’ by adding new section 25, 

‘‘Limitation of Liability,’’ which would state: 

(a) Notwithstanding any other provision in the 

By-Laws and Rules, the Corporation will not be 

liable for any action taken, or any delay or failure 

to take any action, under the By-Laws and Rules or 

otherwise, to fulfill the Corporation’s obligations to 

its Clearing Members, other than for losses caused 

directly by the Corporation’s gross negligence, 

willful misconduct, or violation of federal securities 

laws for which there is a private right of action. 

Under no circumstances will the Corporation be 

liable for the acts, delays, omissions, bankruptcy, or 

insolvency of any third party, including, without 

limitation, any bank or other depository, custodian, 

sub-custodian, clearing or settlement system, data 

communication service, or other third party, unless 

the Corporation was grossly negligent, engaged in 

willful misconduct, or was in violation of federal 

securities laws for which there is a private right of 

action, in selecting such third party; and 

(b) Under no circumstances will the Corporation 

be liable for any indirect, consequential, incidental, 

special, punitive or exemplary loss or damage 

(including, but not limited to, loss of business, loss 

of profits, trading losses, loss of opportunity and 

loss of use) however suffered or incurred, regardless 

of whether the Corporation has been advised of the 

possibility of such damages or whether such 

damages otherwise could have been foreseen or 

prevented. 

11 15 U.S.C. 78q–1. 12 17 CFR 200.30–3(a)(12). 

that a gross negligence standard of care 

is appropriate for OCC.10

OCC believes that the proposed rule 

change is consistent with the 

requirements of section 17A of the 

Act 11 and the rules and regulations 

thereunder applicable to OCC because it 

will permit the resources of OCC to be 

appropriately utilized for promoting the 

prompt and accurate clearance and 

settlement of options transactions and 

for providing for the safeguarding of 

securities and funds in its custody or 

control or for which it is responsible. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

OCC does not believe that the 

proposed rule change would impose any 

burden on competition. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were not and are 

not intended to be solicited with respect 

to the proposed rule change, and none 

have been received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within thirty-five 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 

ninety 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 self-regulatory 

organization 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–OCC–2003–13 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–OCC–2003–13. 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, 100 F Street, NE., Washington, 

DC 20549. Copies of such filing also will 

be available for inspection and copying 

at the principal office of OCC and on 

OCC’s Web site at http:// 

www.theocc.com. 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–OCC–

2003–13 and should be submitted on or 

before December 14, 2005. 

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–6456 Filed 11–22–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Wisconsin District Advisory Council; 

Public Meeting 

The U.S. Small Business 

Administration, Wisconsin District 

Advisory Council will be hosting a 

public meeting to discuss such matters 

that may be presented by members, and 

staff of the U.S. Small Business 

Administration, or others present. The 

meeting will be held on Tuesday, 

December 13, 2005 starting at 1:30 p.m. 

The meeting will be held at the U.S. 

Small Business Administration, 

Wisconsin-Milwaukee District Office, 

310 West Wisconsin Avenue, Suite 400, 

Milwaukee, Wisconsin. 

Anyone wishing to attend must 

contact Cindy Merrigan in writing or by 

fax. Cindy Merrigan, Computer 

Specialist, U.S. Small Business 

Administration, 740 Regent Street, Suite 

100, Madison, Wisconsin 53715, phone 

(608) 441–5560, fax (202) 481–0815, email: cindy.merrigan@sba.gov. 

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 05–23125 Filed 11–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Trade Policy Staff Committee; Notice 

of Availability and Request for Public 

Comment on Interim Environmental 

Review of United States-Thailand Free 

Trade Agreement 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of availability and 

request for public comment. 

SUMMARY: The Office of the U.S. Trade 

Representative (USTR), on behalf of the 

Trade Policy Staff Committee (TPSC), 

seeks comment on the interim 

environmental review of the proposed 

United States-Thailand Free Trade 

Agreement (FTA). The interim 

environmental review is available at