Federal Register / Vol. 70, No.
129 / Thursday, July 7, 2005 / Notices
comments and suggestions submitted in
writing within 60 days of this
publication.
Written comments regarding the
above information should be directed to:
R. Corey Booth, Director/Chief
Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549.
Dated: June 27, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–3556 Filed 7–6–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51928; File No. SR–Phlx–
2005–036]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule
Change Relating to an Amendment of
Phlx Rule 1023
June 28, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 19,
2005, the Philadelphia Stock Exchange,
Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Phlx. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Phlx proposes to amend Phlx
Rule 1023, ‘‘Specialist’s Transactions
with Listed Company.’’
The text of the proposed rule change
is below. Proposed new language is in
italics.
* * * * * 511(b)(ii) are not the types of business transactions
Rule 1023. Specialist’s Transactions
With Listed Company
(a) No specialist or his member
organization, or any member, limited
partner, officer, employee, approved
person or party approved shall directly
or indirectly, effect any business
transaction with a company or any
officer, director or 10% stockholder of a
company in which options of such
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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39351
company the specialist is registered,
except for business transactions in
goods and services on terms generally
available to the public.
(b) No Change.
* * * * * benefit of investors.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Phlx included statements concerning
the purpose of, and basis for, the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. The Phlx has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Phlx Rule 1023(a) generally prohibits
options specialists from effecting any
business transaction with the issuer of
the stock underlying the option or
related persons. The Exchange proposes
to add an exception for doing business
in goods and services on terms generally
available to the public on the theory that
such transactions will not provide
access to material non-public
information relating to the issuer, nor
would they give rise to any control
relationship between the issuer and the
specialist. The prohibition against such
transactions is therefore proposed to be
eliminated in that it serves no useful
purpose and imposes unnecessary
restrictions upon options specialists.3
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 4 in general, and furthers the
3 The Exchange has previously stated that certain
business transactions enumerated in Phlx Rule
contemplated under Phlx Rule 1023. For purposes
of Phlx Rule 511(b)(ii), Phlx Rule 1023 was deemed
by the Exchange to prohibit only business
transactions which are material in value either to
the issuer or the specialist, would provide access
to material nonpublic information relating to the
issuer, or would give rise to a control relationship
between the issuer and the specialist unit. The
Exchange also stated that the receipt of routine
business services, goods, materials, insurance, on
terms that would be generally available would not
be deemed a business transaction for the purposes
of Phlx Rule 1023. See Securities Exchange Act
Release No. 46214 (July 16, 2002), 67 FR 48693
(July 25, 2002) (order approving File No. SR–Phlx–
2001–63), at footnote 6.
4 15 U.S.C. 78f(b).
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objectives of Section 6(b)(5) of the Act 5
in particular, in that it removes an
unnecessary restriction on specialists’
activity which should result in
increased liquidity in the market, to the
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any inappropriate burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
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 Phlx consents, the
Commission shall: (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 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 rule-
comments@sec.gov. Please include File
No. SR–Phlx–2005–036 on the subject
line.
Paper Comments:
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
Number SR–Phlx–2005–036. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
5 15 U.S.C. 78f(b)(5).
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 39352 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
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 Phlx.
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–Phlx–2005–036 and should
be submitted by July 28, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.6
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–3555 Filed 7–6–05; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice: 5127]
60-Day Notice of Proposed Information
Collection: Form DS–3083, Training
Registration (for Non-U.S. Government
Persons), OMB Control No. 1405–0145
Notice of request for public
ACTION:
comments.
SUMMARY: The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register preceding submission to OMB.
We are conducting this process in
accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Training Registration (for Non-U.S.
Government Persons).
• OMB Control Number: 1405–0145.
• Type of Request: Extension of a
currently approved collection.
6 17 CFR 200.30–3(a)(12).
VerDate jul<14>2003 19:31 Jul 06, 2005 Jkt 205001
• Originating Office: Foreign Service
Institute (FSI).
• Form Number: DS–3083.
• Respondents: Respondents are non-
U.S. government persons and/or their
eligible family members, authorized by
Public Law 105–277 to receive training
delivered by the Foreign Service
Institute on a reimbursable or advance
of funds basis.
• Estimated Number of Respondents:
200.
• Estimated Number of Responses:
200.
• Average Hours per Response: 0.5.
• Total Estimated Burden: 100.
• Frequency: On occasion.
• Obligation to Respond: Required to
obtain or retain a benefit.
DATES: The Department will accept
comments from the public up to 60 days
from July 7, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: oshimawa@state.gov. You
must include the DS form number (if
applicable), information collection title,
and OMB control number in the subject
line of your message.
• Mail (paper, disk, or CD-ROM
submissions): Foreign Service Institute,
Office of Management, U.S. Department
of State, Washington, DC 20522–4201.
• Fax: (703) 302–7227.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Wayne A. Oshima, Foreign Service
Institute, Office of Management, U.S.
Department of State, Washington, DC
20522–4201, who may be reached on
(703) 302–6730, or via e-mail address
oshimawa@state.gov.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: This
data collection tool is to be used to
obtain information from non-U.S.
Government persons so that they can
PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM
enroll in courses offered by the
Department of State’s Foreign Service
Institute. This includes information of a
personal and business nature, and credit
card information so that the Department
can receive reimbursement.
Methodology: This information will
be collected in hard copy format, which
is either mailed or transmitted by
facsimile machine to the Foreign
Service Institute.
Dated: June 17, 2005.
Catherine J. Russell,
Executive Director, Foreign Service Institute,
Department of State.
[FR Doc. 05–13359 Filed 7–6–05; 8:45 am]
BILLING CODE 4710–34–P
DEPARTMENT OF STATE
[Public Notice 5128]
Bureau of Political-Military Affairs:
Directorate of Defense Trade Controls;
Notifications to the Congress of
Proposed Commercial Export Licenses
SUMMARY: Notice is hereby given that
the Department of State has forwarded
the attached Notifications of Proposed
Export Licenses to the Congress on the
dates indicated pursuant to sections
36(c) and 36(d) and in compliance with
section 36(f) of the Arms Export Control
Act (22 U.S.C. 2776).
DATES: Effective Date: As shown on each
of the eight letters.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter J. Berry, Director, Office of Defense
Trade Controls Licensing, Directorate of
Defense Trade Controls, Bureau of
Political-Military Affairs, Department of
State (202) 663–2806.
SUPPLEMENTARY INFORMATION: Section
36(f) of the Arms Export Control Act
mandates that notifications to the
Congress pursuant to sections 36(c) and
36(d) must be published in the Federal
Register when they are transmitted to
Congress or as soon thereafter as
practicable.
March 22, 2005.
Hon. J. Dennis Hastert, Speaker of the House
of Representatives.
Dear Mr. Speaker: Pursuant to Section
36(c) of the Arms Export Control Act, I am
transmitting, herewith, certification of a
proposed license for the export of defense
articles or defense services sold
commercially under a contract in the amount
of $50,000,000 or more.
The transaction contained in the attached
certification involves the export and launch
of a commercial communications satellite,
and related support equipment, from Russia
and Kazakhstan.
The United States Government is prepared
to license the export of this item having taken
into account political, military, economic,
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