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Federal Register / Vol. 70, No.

171 / Tuesday, September 6, 2005 / Notices 53029

Topics for discussion include findings Dated: September 1, 2005. held in Room 100 of the National
on two congressionally mandated Connie M. Downs, Academies Keck Center located at 500
studies: home health margins, and OPIC Corporate Secretary. Fifth Street, NW., Washington, DC
payments for oncology drugs and [FR Doc. 05–17723 Filed 9–1–05; 2:13 pm] 20001.
administration services in the Medicare BILLING CODE 3210–01–M
Type of Meeting: Open. Further
system. The Commission will also details on the meeting agenda will be
discuss issues related to the Medicare posted on the PCAST Web site at:
wage index, outpatient therapy, valuing OVERSEAS PRIVATE INVESTMENT http://www.ostp.gov/PCAST/pcast.html.
services in the physician fee schedule, CORPORATION Proposed Schedule and Agenda: The
and physician resource use. The President’s Council of Advisors on
Commission will also host a panel on September 15, 2005 Board of Directors Science and Technology is scheduled to
quality measures in managed care Meeting meet in open session on Tuesday,
organizations. September 20, 2005, at approximately 9
Time And Date: Thursday, September a.m. The PCAST is tentatively
Agendas will be e-mailed 15, 2005, 10 a.m. (Open Portion) 10:15 scheduled to hear presentations on
approximately one week prior to the a.m. (Closed Portion). research and commercialization
meeting. The final agenda will be Place: Offices of the Corporation, activities in the areas of
available on the Commission’s Web site Twelfth Floor Board Room, 1100 New pharmacogenomics (or personalized
(http://www.medpac.gov). York Avenue, NW., Washington, DC. medicine) and alternative energy. These
Status: Meeting Open to the Public are both areas in which PCAST may
This will be the last notice placed in
from 10 a.m. to 10:15 a.m. Closed undertake studies regarding the Federal
the Federal Register by the
portion will commence at 10:15 a.m. role in research and development and
Commission. We will continue to e-mail
(approx.). the barriers and possible implications
meeting agendas, which you can sign up Matters To Be Considered:
to receive at http://www.medpac.gov. surrounding widespread adoption. A
1. President’s Report.
They will also be posted on our Web review and update of other PCAST
2. Approval of July 28, 2005 Minutes
site. In addition, we will now e-mail a topics (e.g., nanotechnology) is also
(Open Portion).
meeting notice two weeks prior to the tentatively scheduled to occur. This
Further Matters To Be Considered:
meeting date. If you have any comments session will end at approximately 5 p.m.
(Closed to the Public 10:15 a.m.)
on this action, please contact Annissa Additional information on the agenda
1. Proposed FY2007 Budget.
McDonald at amcdonald@medpac.gov 2. Finance Project—Russia. will be posted at the PCAST Web site at:
or (202) 220–3700. 3. Finance Project—Asia. http://www.ostp.gov/PCAST/pcast.html.
4. Finance Project—Eastern Europe Public Comments: There will be time
ADDRESSES: MedPAC’s address is: 601 allocated for the public to speak on the
New Jersey Avenue, NW., Suite 9000, and Turkey.
5. Finance Project—Mexico. above agenda items. This public
Washington, DC 20001. The telephone comment time is designed for
6. Approval of July 28, 2005 Minutes
number is (202) 220–3700. substantive commentary on PCAST’s
(Closed Portion).
7. Pending Major Projects. work topics, not for business marketing
Mark E. Miller,
8. Reports. purposes. Please submit a request for
Executive Director. the opportunity to make a public
[FR Doc. 05–17567 Filed 9–2–05; 8:45 am]
Contact Person For Information:
Information on the meeting may be comment five (5) days in advance of the
BILLING CODE 6820–BW–M
obtained from Connie M. Downs at (202) meeting. The time for public comments
336–8438. will be limited to no more than 5
minutes per person. Written comments
Dated: September 1, 2005. are also welcome at any time following
OVERSEAS PRIVATE INVESTMENT Connie M. Downs, the meeting. Please notify Celia
CORPORATION Corporate Secretary, Overseas Private Merzbacher, PCAST Executive Director,
Investment Corporation. at (202) 456–7116, or fax your request/
September 8, 2005 Public Hearing [FR Doc. 05–17724 Filed 9–1–05; 2:13 pm] comments to (202) 456–6021.
BILLING CODE 3210–01–M FOR FURTHER INFORMATION CONTACT: For
OPIC’s Sunshine Act notice of its
information regarding time, place and
Public Hearing in Conjunction with agenda, please call Celia Merzbacher at
each Board meeting was published in OFFICE OF SCIENCE AND (202) 456–7116, prior to 3 p.m. on
the Federal Register (Volume 70, TECHNOLOGY POLICY Friday, September 16, 2005. Information
Number 158, Page 48446) on August 17, will also be available at the PCAST Web
2005. No requests were received to Meeting of the President’s Council of site at: http://www.ostp.gov/PCAST/
provide testimony or submit written Advisors on Science and Technology pcast.html. Please note that public
statements for the record; therefore, seating for this meeting is limited and
OPIC’s public hearing in conjunction ACTION: Notice of meeting.
is available on a first-come, first-served
with OPIC’s September 15, 2005 Board SUMMARY: This notice sets forth the basis.
of Directors meeting scheduled for 2 schedule and summary agenda for a SUPPLEMENTARY INFORMATION: The
p.m. on September 8, 2005 has been meeting of the President’s Council of President’s Council of Advisors on
cancelled. Advisors on Science and Technology Science and Technology was
Contact Person For Information: (PCAST), and describes the functions of established by Executive Order 13226,
Information on the hearing cancellation the Council. Notice of this meeting is on September 30, 2001. The purpose of
may be obtained from Connie M. Downs required under the Federal Advisory PCAST is to advise the President on
at (202) 336–8438, via facsimile at (202) Committee Act (FACA). matters of science and technology
218–0136, or via e-mail at Dates and Place: September 20, 2005, policy, and to assist the President’s
cdown@opic.gov. Washington, DC. The meeting will be National Science and Technology

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53030 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices

Council in securing private sector The proposed amendment to the the Act 10 and Rule 11Aa3–2
participation in its activities. The Linkage Plan was published in the thereunder,11 in that it will increase the
Council members are distinguished Federal Register on July 27, 2005.4 No availability of Linkage to members of
individuals appointed by the President comments were received on the the Participants by limiting the
from non-Federal sectors. The PCAST is proposed amendment. This order applicability of the 80/20 Test in
co-chaired by Dr. John H. Marburger, III, approves the proposed amendment to situations where market makers have
the Director of the Office of Science and the Linkage Plan. minimal trading volume in a particular
Technology Policy, and by E. Floyd options class.
Kvamme, a Partner at Kleiner Perkins II. Description and Purpose of the
The Commission recognizes that the
Caufield & Byers. Proposed Amendment
Participants do not believe that it is
Stanley S. Sokul, The purpose of the Joint Amendment necessary to bar market makers with
is to modify the 80/20 Test contained in limited volume from sending Principal
General Counsel, Office of Science and
Technology Policy. Section 8(b)(iii) of the Linkage Plan, Orders through the Linkage, as such
which provides that market makers trading does not raise concerns that a
[FR Doc. 05–17595 Filed 9–2–05; 8:45 am]
should send Principal Orders through member is sending such orders as ‘‘a
BILLING CODE 3170–W4–P
the Linkage on a limited basis and not primary aspect of their business.’’ The
as a primary aspect of their business. Commission believes that the de
The 80/20 Test implements this general minimis exemption from the 80/20 Test
SECURITIES AND EXCHANGE principle by prohibiting a market maker proposed by the Participants for market
COMMISSION from sending Principal Orders in an makers that have total contract volume
[Release No. 34–52350; File No. 4–429] eligible option class if, in the last of less than 1,000 contracts in an
calendar quarter, the market maker’s options class for a calendar quarter
Joint Industry Plan; Order Approving Principal Order contract volume is should ensure that market makers with
Amendment No. 17 to the Plan for the disproportionate to the market maker’s relatively low volume in a particular
Purpose of Creating and Operating an contract volume executed against options class can send a reasonable
Intermarket Option Linkage Regarding customer orders in its own market. number of Principal Orders without
Modifying the 80/20 Test for The Participants have expressed being barred by application of the 80/20
Determining Limitations on Principal concern that the application of the 80/ Test from using the Linkage in the
Order Access to Linkage 20 Test has resulted in anomalies for following calendar quarter.
August 26, 2005. market makers with limited volume in IV. Conclusion
an eligible option class. Specifically, if
I. Introduction a market maker has very little overall It is therefore ordered, pursuant to
On April 20, 2005, May 20, 2005, May trading volume in an option, the Section 11A of the Act 12 and Rule
12, 2005, April 13, 2005, April 27, 2005 execution of one or two Principal 11Aa3–2 thereunder,13 that the
and May 11, 2005, the American Stock Orders during a calendar quarter could proposed Joint Amendment No. 17 is
Exchange LLC (‘‘Amex’’), the Boston result in the market maker failing to hereby approved.
Stock Exchange, Inc. (‘‘BSE’’), the meet the 80/20 Test. This would bar the For the Commission, by the Division of
Chicago Board Options Exchange, market maker from using the Linkage to Market Regulation, pursuant to delegated
Incorporated (‘‘CBOE’’), the send Principal Orders for the following authority.14
International Securities Exchange calendar quarter. The Participants Margaret H. McFarland,
(‘‘ISE’’), the Pacific Exchange, Inc. contend that it was not their intent to Deputy Secretary.
(‘‘PCX’’), and the Philadelphia Stock bar market makers with limited volume [FR Doc. E5–4835 Filed 9–2–05; 8:45 am]
Exchange, Inc. (‘‘Phlx’’) (collectively, from sending Principal Orders through BILLING CODE 8010–01–P
‘‘Participants’’), respectively, filed with the Linkage in these circumstances
the Securities and Exchange since such trading clearly was not ‘‘a
Commission (‘‘Commission’’) Joint primary aspect of their business.’’ Thus, SECURITIES AND EXCHANGE
Amendment No. 17 to the Plan for the in Joint Amendment No. 17, the COMMISSION
Purpose of Creating and Operating an Participants propose to create a de
Intermarket Option Linkage (‘‘Linkage minimis exemption from the 80/20 Test Sunshine Act Meeting
Plan’’).1 In Joint Amendment No. 17, the for market makers that have total Notice is hereby given, pursuant to
Participants propose to modify the 80/ contract volume of less than 1,000 the provisions of the Government in the
20 Test to determine limitations on contracts in an options class for a Sunshine Act, Pub. L. 94–409, that the
Principal Order 2 access to Linkage.3 calendar quarter. Securities and Exchange Commission
1 On July 28, 2000, the Commission approved a
III. Discussion will hold the following meeting during
national market system plan for the purpose of
the week of September 5, 2005:
After careful consideration, the A Closed Meeting will be held on
creating and operating an intermarket options
market linkage (‘‘Linkage’’) proposed by Amex, Commission finds that the proposed Wednesday, September 7, 2005 at 10
CBOE, and ISE. See Securities Exchange Act amendment to the Linkage Plan seeking a.m.
Release No. 43086 (July 28, 2000), 65 FR 48023 to create a de minimis exception to the Commissioners, Counsel to the
(August 4, 2000). Subsequently, Phlx, PCX, and BSE 80/20 Test is consistent with the
joined the Linkage Plan. See Securities Exchange Commissioners, the Secretary to the
Act Release Nos. 43573 (November 16, 2000), 65 FR requirements of the Act and the rules Commission, and recording secretaries
70851 (November 28, 2000); 43574 (November 16, and regulations thereunder. will attend the Closed Meeting. Certain
2000), 65 FR 70850 (November 28, 2000); and 49198 Specifically, the Commission finds that
(February 5, 2004), 69 FR 7029 (February 12, 2004). the proposed amendment to the Linkage 10 15 U.S.C. 78k–1.
2 A ‘‘Principal Order’’ is an order for the principal

account of an eligible market maker that does not


Plan is consistent with Section 11A of 11 17 CFR 240.11Aa3–2.
12 15 U.S.C. 78k–1.
relate to a customer order the market maker is
holding. See Section 2(16)(b) of the Linkage Plan. 4 See Securities Exchange Act Release No. 52074 13 17 CFR 240.11Aa3–2.
3 Specified in Section 8(b)(iii) of the Linkage Plan. (July 20, 2005), 70 FR 43469. 14 17 CFR 200.30–3(a)(29).

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