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Federal Register / Vol. 70, No.

141 / Monday, July 25, 2005 / Notices 42613

cap and appears in other applicable Electronic Comments DEPARTMENT OF STATE


sections of the Exchange’s fee schedule,
more consistent. In addition, the • Use the Commission’s Internet [Public Notice 5139]
Exchange proposes to include non- comment form (http://www.sec.gov/
Culturally Significant Objects Imported
substantive disclaimer language relating rules/sro.shtml); or
for Exhibition; Determinations: ‘‘David
to the trading of certain licensed • Send an e-mail to rule- Milne Watercolors: Painting Toward
products on the Exchange in its $60,000 comments@sec.gov. Please include File the Light’’
Cap Schedule. Number SR–Phlx–2005–40 on the
subject line. SUMMARY: Notice is hereby given of the
2. Statutory Basis
following determinations: Pursuant to
The Exchange believes that the Paper Comments the authority vested in me by the Act of
proposed rule change, as amended, is October 19, 1965 (79 Stat. 985; 22 U.S.C.
consistent with Section 6(b) of the Act 15 • Send paper comments in triplicate 2459), Executive Order 12047 of March
in general, and furthers the objectives of to Jonathan G. Katz, Secretary, 27, 1978, the Foreign Affairs Reform and
Section 6(b)(4) of the Act 16 in Securities and Exchange Commission, Restructuring Act of 1998 (112 Stat.
particular, in that it is an equitable Station Place, 100 F Street NE., 2681, et seq.; 22 U.S.C. 6501 note, et
allocation of reasonable dues, fees, and Washington, DC 20549–9303. seq.), Delegation of Authority No. 234 of
other charges among Exchange All submissions should refer to File October 1, 1999, and Delegation of
members. Number SR–Phlx–2005–40. This file Authority No. 236 of October 19, 1999,
B. Self-Regulatory Organization’s number should be included on the as amended, and Delegation of
Statement on Burden on Competition subject line if e-mail is used. To help the Authority No. 257 of April 15, 2003 [68
Commission process and review your FR 19875], I hereby determine that the
The Phlx believes that the proposed
comments more efficiently, please use objects to be included in the exhibition
rule change would impose no burden on
competition that is not necessary or only one method. The Commission will ‘‘David Milne Watercolors: Painting
appropriate in furtherance of the post all comments on the Commission’s Toward the Light,’’ imported from
Internet Web site (http://www.sec.gov/ abroad for temporary exhibition within
purposes of the Act.
the United States, are of cultural
rules/sro.shtml). Copies of the
C. Self-Regulatory Organization’s significance. The objects are imported
Statement on Comments on the submission, all subsequent
pursuant to a loan agreement with the
Proposed Rule Change Received From amendments, all written statements foreign lenders. I also determine that the
Members, Participants or Others with respect to the proposed rule exhibition or display of the exhibit
change that are filed with the objects at The Metropolitan Museum of
The Exchange did not solicit or Commission, and all written
receive any written comments with Art, New York, NY from on or about
communications relating to the November 7, 2005 to on or about
respect to the proposal.
proposed rule change between the January 29, 2006, and at possible
III. Date of Effectiveness of the Commission and any person, other than additional venues yet to be determined,
Proposed Rule Change and Timing for those that may be withheld from the is in the national interest. Public Notice
Commission Action public in accordance with the of these determinations is ordered to be
The foregoing proposed rule change, provisions of 5 U.S.C. 552, will be published in the Federal Register.
as amended, has been designated as a available for inspection and copying in FOR FURTHER INFORMATION CONTACT: For
fee change pursuant to Section the Commission’s Public Reference further information, including a list of
19(b)(3)(A)(ii) of the Act 17 and Rule Room. Copies of such filing also will be the exhibit objects, contact Carol B.
19b–4(f)(2) 18 thereunder. Accordingly, available for inspection and copying at Epstein, Attorney-Adviser, Office of the
the proposal is effective upon filing the principal office of the Exchange. All Legal Adviser, Department of State,
with the Commission. At any time comments received will be posted (telephone: (202) 453–8048). The
within 60 days of the filing of the without change; the Commission does address is Department of State, SA–44,
amended proposed rule change, the not edit personal identifying 301 4th Street, SW., Room 700,
Commission may summarily abrogate information from submissions. You Washington, DC 20547–0001.
such rule change if it appears to the should submit only information that Dated: July 18, 2005.
Commission that such action is you wish to make available publicly. All C. Miller Crouch,
necessary or appropriate in the public
submissions should refer to File Principal Deputy Assistant Secretary for
interest, for the protection of investors,
Number SR–Phlx–2005–40 and should Educational and Cultural Affairs Department
or otherwise in furtherance of the
be submitted on or before August 15, of State.
purposes of the Act.19
2005. [FR Doc. 05–14611 Filed 7–22–05; 8:45 am]
IV. Solicitation of Comments BILLING CODE 4710–08–P
For the Commission, by the Division of
Interested persons are invited to Market Regulation, pursuant to delegated
submit written data, views, and authority.20
arguments concerning the foregoing, DEPARTMENT OF STATE
Jill M. Peterson,
including whether the proposed rule [Public Notice 5140]
Assistant Secretary.
change, as amended, is consistent with
[FR Doc. E5–3945 Filed 7–22–05; 8:45 am]
the Act. Comments may be submitted by Culturally Significant Objects Imported
any of the following methods: BILLING CODE 8010–01–P for Exhibition Determinations:
‘‘Monumental Sculpture in Florence:
15 15 U.S.C. 78f(b). Ghiberti, Nanni di Banco, and
16 15 U.S.C. 78f(b)(4). Verrocchio’’
17 15 U.S.C. 78s(b)(3)(A)(ii).
18 17 CFR 240.19b–4(f)(2). SUMMARY: Notice is hereby given of the
19 See supra note 3. 20 17 CFR 200.30–3(a)(12). following determinations: Pursuant to

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