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Federal Register / Vol. 70, No.

138 / Wednesday, July 20, 2005 / Notices 41807

A. Self-Regulatory Organization’s and other persons using its facilities for subject line if e-mail is used. To help the
Statement of the Purpose of, and trading option contracts. Commission process and review your
Statutory Basis for, the Proposed Rule comments more efficiently, please use
B. Self-Regulatory Organization’s
Change only one method. The Commission will
Statement on Burden on Competition
post all comments on the Commission’s
1. Purpose The Exchange does not believe that Internet Web site (http://www.sec.gov/
The Exchange proposes to amend the the proposed rule change will impose rules/sro.shtml). Copies of the
Schedule in order to modify the any burden on competition that is not submission, all subsequent
Exchange’s marketing fee program. necessary or appropriate in furtherance amendments, all written statements
Currently, except for transactions of the purposes of the Act. with respect to the proposed rule
involving options on the NASDAQ–100 C. Self-Regulatory Organization’s change that are filed with the
Tracking Stock (‘‘QQQQ’’) and Standard Statement on Comments on the Commission, and all written
and Poor’s Depository Receipts (‘‘SPY’’), Proposed Rule Change Received From communications relating to the
the Exchange collects $0.60 per contract Members, Participants, or Others proposed rule change between the
for all transactions that are made Commission and any person, other than
between a Lead Market Maker (‘‘LMM’’) No written comments were either those that may be withheld from the
or a Market Maker against customer solicited or received. public in accordance with the
orders from payment accepting firms in III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be
the Exchange program. Proposed Rule Change and Timing for available for inspection and copying in
The Exchange proposes to modify its Commission Action the Commission’s Public Reference
current program by reducing the Room. Copies of such filing also will be
marketing fee from $0.60 per contract Because the foregoing proposed rule available for inspection and copying at
for trades made with customer orders change establishes or changes a due, fee, the principal office of the PCX. All
from payment accepting firms in the or other charge imposed by the comments received will be posted
Exchange program to $0.45 per contract Exchange, it has become effective without change; the Commission does
for all public customer orders. The pursuant to Section 19(b)(3)(A)(ii) of the not edit personal identifying
proposed change does not affect the Act 7 and Rule 19b–4(f)(2) 8 thereunder. information from submissions. You
Exchange’s marketing fee program for Accordingly, the proposal will take should submit only information that
trades involving options on the QQQQ effect upon filing with the Commission. you wish to make available publicly. All
and SPY. The marketing fee for options At any time within 60 days of the filing submissions should refer to File
on the QQQQ and SPY is not being of such proposed rule change, the Number SR–PCX–2005–82 and should
amended. Currently, the Exchange also Commission may summarily abrogate be submitted on or before August 10,
caps marketing charges at $200 for all such rule change if it appears to the 2005.
trades not involving options on the Commission that such action is
For the Commission, by the Division of
QQQQ or SPY. In addition to the rate necessary or appropriate in the public
Market Regulation, pursuant to delegated
change, the Exchange is proposing to interest, for the protection of investors, authority.9
eliminate the $200 per trade cap. or otherwise in furtherance of the J. Lynn Taylor,
purposes of the Act.
The Exchange states that the purpose Assistant Secretary.
of the change in the marketing fee is to IV. Solicitation of Comments [FR Doc. E5–3861 Filed 7–19–05; 8:45 am]
help the Exchange’s marketing fee Interested persons are invited to BILLING CODE 8010–01–P
program remain competitive with the submit written data, views, and
programs currently in place at other arguments concerning the foregoing,
exchanges. Specifically, a number of including whether the proposed rule SMALL BUSINESS ADMINISTRATION
other exchanges assess marketing change is consistent with the Act.
charges across a broader spectrum of [License No. 09/79–0432]
Comments may be submitted by any of
customer orders instead of limiting the the following methods: Telesoft Partners II SBIC, L.P.; Notice
charges to transactions where the PCX
Electronic Comments Seeking Exemption Under Section 312
Market Maker trades against a payment
of the Small Business Investment Act,
receiving firm. While the proposed rate • Use the Commission’s Internet Conflicts of Interest
change will provide LMM’s with comment form (http://www.sec.gov/
competitive amounts of capital to attract rules/sro.shtml); or Notice is hereby given that Telesoft
order flow, it is also believed that a • Send an e-mail to rule- Partners II SBIC, L.P., 1450 Fashion
universally applied rate will help comments@sec.gov. Please include File Island Blvd., Suite 610, San Mateo, CA
market makers better understand the Number SR–PCX–2005–82 on the 94404, a Federal Licensee under the
total cost of the trade. subject line. Small Business Investment Act of 1958,
2. Statutory Basis as amended (‘‘the Act’’), in connection
Paper Comments with the financing of a small concern,
The Exchange believes that its • Send paper comments in triplicate has sought an exemption under Section
proposal to amend its schedule of dues, to Jonathan G. Katz, Secretary, 312 of the Act and Section 107.730,
fees, and charges is consistent with Securities and Exchange Commission, Financings which Constitute Conflicts
Section 6(b) of the Act 5 in general, and 100 F Street, NE., Washington, DC of Interest of the Small Business
Section 6(b)(4) of the Act 6 in particular, 20549–9303. Administration (‘‘SBA’’) Rules and
in that it provides for the equitable All submissions should refer to File Regulations (13 CFR 107.730). Telesoft
allocation of reasonable dues, fees, and Number SR–PCX–2005–82. This file Partners II SBIC, L.P. proposes to
other charges among its OTP Holders number should be included on the provide equity/debt security financing
to BayPackets, Inc. The financing is
5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A)(ii).
6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12).

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41808 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices

contemplated for working capital and FOR FURTHER INFORMATION CONTACT: For heading of the SUPPLEMENTARY
general corporate purposes. further information, contact Paul W. INFORMATION section of this document.
The financing is brought within the Manning, Attorney-Adviser, Office of Note that all comments received will be
purview of § 107.730(a)(1) of the the Legal Adviser, (202) 453–8052, and posted without change to http://
Regulations because Telesoft Partners II the address is United States Department dms.dot.gov including any personal
QP, L.P., Telesoft Partners II, L.P., of State, SA–44, Room 700, 301 4th information provided. Please see the
Telesoft Partners IA, L.P. and Telesoft Street, SW., Washington, DC 20547– Privacy Act heading under Regulatory
NP Employee Fund, LLC, all Associates 0001. Notes.
of Telesoft Partners II SBIC, L.P., own Dated: July 13, 2005. Docket: For access to the docket to
more than ten percent of BayPackets, C. Miller Crouch,
read background documents or
Inc. comments received, go to http://
Principal Deputy Assistant Secretary for
Notice is hereby given that any Educational and Cultural Affairs, Department
dms.dot.gov at any time or to Room PL–
interested person may submit written of State. 401, on the plaza level of the Nassif
comments on the transaction to the [FR Doc. 05–14276 Filed 7–19–05; 8:45 am]
Building, 400 Seventh Street, SW.,
Associate Administrator for Investment, Washington, DC, between 9 a.m. and 5
BILLING CODE 4710–08–P
U.S. Small Business Administration, p.m. Monday through Friday, except on
409 Third Street, SW., Washington, DC Federal holidays.
20416. FOR FURTHER INFORMATION CONTACT: Jack
DEPARTMENT OF TRANSPORTATION
Jaime Guzman-Fournier, Schmidt, Office of Aviation Analysis,
Office of the Secretary Office of the Secretary, U.S. Department
Associate Administrator for Investment.
of Transportation, 400 Seventh Street,
[FR Doc. 05–14194 Filed 7–19–05; 8:45 am] [Docket No. OST–95–177] SW., Washington, DC 20590, (202) 366–
BILLING CODE 8025–01–P
5420.
Notice of Request for Extension of
Previously Approved Collection SUPPLEMENTARY INFORMATION:
Title: Disclosure of Change-of-Gauge
DEPARTMENT OF STATE Office of the Secretary.
AGENCY: Services.
Notice and request for
ACTION: OMB Control Number: 2105–0538.
[Public Notice 5138] Expiration Date: September 30, 2005.
comments.
Culturally Significant Objects Imported Type of Request: Extension of a
SUMMARY: In accordance with the previously approved collection.
for Exhibition; Determinations: ‘‘The Paperwork Reduction Act of 1995, this
Origins of European Printmaking: 15th Abstract: Change-of-gauge service is
notice announces the Department of scheduled passenger air transportation
Century Woodcuts and Their Public’’ Transportation’s (DOT) intention to for which the operating carrier uses one
AGENCY: Department of State. request extension of a previously single flight number even though
ACTION: Notice. approved information collection. passengers do not travel in the same
DATES: Comments on this notice must be aircraft from origin to destination but
SUMMARY: Notice is hereby given of the received by September 19, 2005. must change planes at an intermediate
following determinations: Pursuant to ADDRESSES: You may submit comments stop. In addition to one-flight-to-one-
the authority vested in me by the Act of identified by DOT–DMS Docket Number flight change-of-gauge services, change-
October 19, 1965 [79 Stat. 985; 22 U.S.C. OST–95–177 by any of the following of-gauge services can also involve
2459], Executive Order 12047 of March methods. aircraft changes between multiple
27, 1978, the Foreign Affairs Reform and • Web site: http://dms.dot.gov. flights on one side of the change point
Restructuring Act of 1998 [112 Stat. Follow the instructions for submitting and one single flight on the other side.
2681, et seq.; 22 U.S.C. 6501 note, et comments on the DOT electronic docket As with one-for-one-change-of-gauge
seq.], Delegation of Authority No. 234 of site. services, the carrier assigns a single
October 1, 1999 [64 FR 56014], • Fax: 1–202–493–2251. flight number for the passenger’s entire
Delegation of Authority No. 236 of • Mail: Docket Management Facility; itinerary even though the passenger
October 19, 1999 [64 FR 57920], as U.S. Department of Transportation, 400 changes planes, but in addition, the
amended, and Delegation of Authority Seventh Street, SW., Nassif Building, single flight to or from the exchange
No. 257 of April 15, 2003 [68 FR 19875], Room PL–401, Washington, DC 20590– point itself has multiple numbers, one
I hereby determine that the objects to be 0001. for each segment with which it connects
included in the exhibition, ‘‘The Origins • Hand Delivery: Room PL–401 on and one for the local market in which
of European Printmaking: 15th Century the plaza level of the Nassif Building, it operates. The Department recognizes
Woodcuts and Their Public,’’ imported 400 Seventh Street, SW., Washington, various public benefits that can flow
from abroad for temporary exhibition DC, between 9 a.m. and 5 p.m., Monday from change-of-gauge services, such as a
within the United States, are of cultural through Friday, except on Federal lowered likelihood of missed
significance. The objects are imported holidays. connections. However, although change-
pursuant to loan agreements with the • Federal eRulemaking Portal: Go to of-gauge flights can offer valuable
foreign lenders. I also determine that the http://www.regulations.gov. Follow the consumer benefits, they can be
exhibition or display of the exhibit online instructions for submitting confusing and misleading unless
objects at the National Gallery of Art, comments. consumers are given reasonable and
Washington, DC, from on or about Instructions: All submissions must timely notice that they will be required
September 4, 2005, to on or about include the agency name and docket to change planes during their journey.
November 27, 2005, and at possible number or Regulatory Identification Section 41712 of Title 49 of the U.S.
additional venues yet to be determined, Number (RIN) for this information code authorizes the Department to
is in the national interest. Public Notice collection. For detailed instructions on decide if a U.S. air carrier or foreign air
of these determinations is ordered to be submitting comments and additional carrier or ticket agent (including travel
published in the Federal Register. information, see the Public Participation agents) has engaged in unfair or

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