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32392 Federal Register / Vol. 70, No.

105 / Thursday, June 2, 2005 / Notices

make a decision before the close of C. Self-Regulatory Organization’s with respect to the proposed rule
trading on the same day. The Exchange Statement on Comments on the change that are filed with the
is also providing guidance to Floor Proposed Rule Change Received From Commission, and all written
Officials with respect to reviewing Members, Participants or Others communications relating to the
approval requests involving specialist The Exchange has neither solicited proposed rule change between the
short sale proprietary trades against the nor received comments on the proposed Commission and any person, other than
existing bid in a declining market. Here rule change. those that may be withheld from the
the Exchange is advising Floor Officials public in accordance with the
III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be
to use the same considerations to reach
Proposed Rule Change and Timing for available for inspection and copying in
a decision as to whether to give Commission Action
approval as they would use in the Commission’s Public Reference
evaluating specialist proprietary trades The foregoing proposed rule change Room. Copies of such filing also will be
has become effective pursuant to available for inspection and copying at
against existing offers in a rising market.
Section 19(b)(3)(A)(i) 6 of the Act and the principal office of the NYSE. All
Floor Officials must promptly report to
subparagraph (f)(1) of Rule 19b–4 7 comments received will be posted
the Exchange’s On Floor Surveillance without change; the Commission does
thereunder. The proposed rule change is
Unit instances where they have not edit personal identifying
a stated policy, practice or
declined to give approval to a information from submissions. You
interpretation with respect to the
transaction. meaning, administration or enforcement should submit only information that
The Information Memo also highlights of existing rules of the Exchange. At any you wish to make available publicly. All
the application of depth guidelines in time within 60 days of the filing of such submissions should refer to File
certain stocks. Depth guidelines specify proposed rule change, the Commission Number SR–NYSE–2005–31 and should
what are considered general tolerances may summarily abrogate such rule be submitted on or before June 23, 2005.
for price movements per trading change if it appears to the Commission For the Commission, by the Division of
sequence of 3,000 shares or less based that such action is necessary or Market Regulation, pursuant to delegated
on a stock’s current price range and the appropriate in the public interest, for authority.8
prior month’s adjusted average daily the protection of investors, or otherwise Margaret H. McFarland,
volume, which excluded trades of in furtherance of the purposes of the Deputy Secretary.
25,000 shares or more. The Exchange Act. [FR Doc. E5–2809 Filed 6–1–05; 8:45 am]
reminds Floor Officials that requests to IV. Solicitation of Comments BILLING CODE 8010–01–P
widen or suspend depth guidelines
Interested persons are invited to
should continue to be evaluated based submit written data, views and
on what is reasonable given the relevant arguments concerning the foregoing, DEPARTMENT OF STATE
facts and circumstances in the market at including whether the proposed rule [Public Notice 5093]
the time of the request. change is consistent with the Act.
The Exchange believes that the Comments may be submitted by any of Culturally Significant Objects Imported
guidance offered in the Information the following methods: for Exhibition Determinations:
Memo will help the membership in Assorted Egyptian Treasures for
Electronic Comments Public Exhibition
facing any challenges offered by new
market dynamics that could result from • Use the Commission’s Internet
comment form (http://www.sec.gov/ AGENCY: Department of State.
trading after the Pilot has begun. ACTION: Notice.
rules/sro.shtml); or
2. Statutory Basis • Send an e-mail to rule-
SUMMARY: Notice is hereby given of the
comments@sec.gov. Please include File
The basis under the Act for this Number SR–NYSE–2005–31 on the following determinations: Pursuant to
proposed rule change is the requirement subject line. the authority vested in me by the Act of
under Section 6(b)(5) 5 of the Act that an October 19, 1965 (79 Stat. 985; 22 U.S.C.
Exchange have rules that are designed to Paper Comments 2459), Executive Order 12047 of March
promote just and equitable principles of • Send paper comments in triplicate 27, 1978, the Foreign Affairs Reform and
trade, to remove impediments to and to Jonathan G. Katz, Secretary, Restructuring Act of 1998 (112 Stat.
perfect the mechanism of a free and Securities and Exchange Commission, 2681, et seq.; 22 U.S.C. 6501 note, et
450 Fifth Street, NW., Washington, DC seq.), Delegation of Authority No. 234 of
open market and a national market
20549–0609. October 1, 1999, Delegation of Authority
system and, in general, to protect
All submissions should refer to File No. 236 of October 19, 1999, as
investors and the public interest.
Number SR–NYSE–2005–31. This file amended, and Delegation of Authority
B. Self-Regulatory Organization’s number should be included on the No. 257 of April 15, 2003 [68 FR 19875],
Statement on Burden on Competition subject line if e-mail is used. To help the I hereby determine that the objects
Commission process and review your covered by this Notice, imported from
The Exchange believes that the comments more efficiently, please use abroad for temporary exhibition within
proposed change will not impose any only one method. The Commission will the United States, are of cultural
burden on competition that is not post all comments on the Commission’s significance. The objects are imported
necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ pursuant to loan agreements with the
of the purposes of the Act. rules/sro.shtml). Copies of the foreign owners. I also determine that the
submission, all subsequent exhibition or display of the exhibit
amendments, all written statements objects as part of the exhibition
‘‘Mummy: the inside story’’, at the
6 15 U.S.C. 78s(b)(3)(A)(i).
5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(f)(1). 8 17 CFR 200.30–3(a)(12).

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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Notices 32393

Houston Museum of Natural Science, ADDRESSES: You may submit comments vacancy to ensure that recruitment
Houston, TX, from on or about identified by DOT DMS Docket Number sources yield qualified women and
September 30, 2005, until on or about OST–2005–21178 by any of the minority applicants, as well as
February 12, 2006, is in the national following methods: applicants with disabilities, in
interest. I further determine that the • Web site: http://dms.dot.gov. compliance with Equal Employment
exhibition or display of certain of the Follow the instructions for submitting Opportunity Commission (EEOC)
exhibit objects as part of the exhibition comments to the DOT electronic docket management directives.
‘‘Treasures of Ancient Art from the site. Abstract: The purpose of the
British Museum’’, at the Oklahoma City Fax: 1–202–493–2251. collection is to standardize the
Museum of Art, Oklahoma City, OK, Mail: Docket Management Facility; collection of race, ethnicity, sex,
from on or about August 31, 2006, until U.S. Department of Transportation, 400 national origin, and disability status for
on or about November 26, 2006; at the Seventh Street, SW., Nassif Building, all DOT Operating Administrations.
Cummer Museum of Art and Gardens, Room PL–401, Washington, DC 20590– When established, this information will
Jacksonville, FL, from on or about 001. assist the DOT in monitoring programs
December 22, 2006, until on or about Hand Delivery: Room PL–401 on the and will be the basis for several
March 18, 2007; at the North Carolina plaza level of the Nassif Building, 400 different reports required by statute.
Museum of Art, Raleigh, NC, from on or Seventh Street, SW., Washington DC, Background: The DOT is required to
about April 15, 2007, until on or about between 9 a.m. and 5 p.m., Monday thru analyze the civil rights impact(s) of
July 8, 2007; at the Joslyn Art Museum, Friday, except on Federal holidays. policies, actions, or decisions that affect
Omaha, NE, from on or about August 3, Federal eRulemaking Portal: Go to federally conducted programs and
2007, until on or about October 28, http://www.regulations.gov. Follow the activities and the DOT workforce. In
2007; at the Albuquerque Museum of online instructions for submitting order to assess the civil rights impact,
Art and History, Albuquerque, NM, comments. data on recruitment, employment, and
from on or about November 16, 2007, Instructions: All submissions must diversity must be analyzed in a
until on or about February 10, 2008; and include the agency name and docket consistent manner with respect to the
at possible additional venues yet to be number or Regulatory Identification race, ethnicity, sex, national origin,
determined, is in the national interest. Number (RIN) for this rulemaking. For disability status, and age of applicants
Public Notice of these Determinations is detailed instructions on submitting and employees. Currently, no uniform
ordered to be published in the Federal comments and additional information method of reporting and tabulating race
Register. on the rulemaking process, see the and ethnicity data exits in the DOT.
‘‘Comments are invited’’ heading of the There are 10 Operating Administrations
FOR FURTHER INFORMATION CONTACT: For
Supplementary Information section of providing employee information
further information, including a list of through a centralized system as well as
the exhibit objects, contact Richard this document. Note that all comments
received will be posted without change an Executive Agent collecting selected
Lahne, Attorney-Adviser, Office of the applicant data through an automated
Legal Adviser, U.S. Department of State to http://dms.dot.gov including any
personal information provided. Please staffing system. The collection of data is
(telephone: 202/453–8058). The address necessary to provide each Operating
is U.S. Department of State, SA–44, 301 see the Privacy Act heading under
Regulatory Notes. Administration, and the DOT as a
4th Street, SW., Room 700, Washington, whole, with the composition of its
DC 20547–0001. Docket: For access to the docket to
read background documents or workforce particularly from a race,
Dated: May 25, 2005. comments received, go to http:// ethnicity, and disability standpoint.
C. Miller Crouch, dms.dot.gov at any time or to Room PL– Further, data is necessary to give DOT
Principal Deputy Assistant Secretary for 401 on the plaza level of the Nassif a baseline on its applicants and assist it
Educational and Cultural Affairs, Department Building, 400 Seventh Street, SW., in planning recruitment and outreach
of State. Washington DC, between 9 a.m. and 5 efforts.
[FR Doc. 05–10982 Filed 6–1–05; 8:45 am] p.m., Monday through Friday, except The goal of a comprehensive DOT
BILLING CODE 4710–08–P Federal holidays. collection of race, ethnicity, sex,
national origin, and disability status is
FOR FURTHER INFORMATION CONTACT:
to reduce the burden on applicants and
Deborah Perkins, Departmental Office
employees to provide this type of
DEPARTMENT OF TRANSPORTATION of Human Resources, Office of the
information by creating a single
Secretary, U.S. Department of
Office of the Secretary voluntary survey where the data is
Transportation, 400 Seventh Street,
collected in a standard format.
SW., Washington DC 20590 (202) 366– Respondents: Employees upon initial
[Docket No. OST–2005–21178] 9447. hire and applicants for positions.
Notice of Request for Approval of a SUPPLEMENTARY INFORMATION: Estimated Number of Respondents:
New Collection Title: Applicant Background 120,000.
Questionnaire. Estimated Total Burden on
AGENCY: Office of the Secretary, DOT. OMB Control Number: Pending. Respondents: 3 minutes.
ACTION: Notice. Type of Request: Authorization for a Comments are invited on (a) Whether
new form. the proposed collection of information
SUMMARY: In accordance with the Abstract: The Department of is necessary for the proper performance
Paperwork Reduction Act of 1995, this Transportation (DOT) is required to of the functions of the Department,
notice announces the Department of collect information from both applicants including whether the information will
Transportation’s (DOT) intention to and Departmental employees on their have practical utility as described; (b)
request the approval of a new disability status, race and national the accuracy of the Department’s
information collection. origin affiliation. Additionally, this form estimate of burden of the proposed
DATES: Comments on this notice must be will be used to ask applicants for collection of information, including the
received by August 1, 2005. employment how they learned about a validity of methodology and

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