Notices. Amendment 5

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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53052; File No. SR-PCX-2004-46] Self-Regulatory Organizations; Order Approving Proposed Rule Change, and Amendment No. 1 Thereto, by the Pacific Exchange, Inc. Relating to Modifying the Market Imbalance Calculation for the Opening and Market Order Auctions on the Archipelago Exchange January 5, 2006. On May 14, 2004, the Pacific Exchange, Inc. (“PCX” or “Exchange”), through its wholly-owned subsidiary PCX Equities, Inc.

(“PCXE”) submitted to the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to modify the practices that the Exchange employs with respect to the calculation of the Market Imbalance during the Market Order Auction 3 and Closing Auction 4 conducted on the Archipelago Exchange (“ArcaEx”), the equity trading facility of the Exchange. On May 24, 2004, the PCX submitted Amendment No. 1 to the proposed rule change. 5 The **Federal Register** published the proposed rule change, as amended, for comment on June 3, 2004. 6 The Commission received no comments on the proposed rule change, as amended. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* PCXE Rule 7.35(c). 4 *See* PCXE Rule 7.35(e). 5 Amendment No. 1 replaced and superseded the original filing in its entirety. 6 Securities Exchange Act Release No. 49773 (May 26, 2004), 69 FR 31440.

The Exchange proposes to modify PCXE Rule 1.1(q) for the purpose of modifying the ArcaEx calculation of the Market Imbalance. Currently, the “Market Imbalance” is defined as the imbalance of any remaining Market Orders 7 that are not matched for execution during the Market Order Auction 8 and the imbalance of any remaining Market-on-Close (“MOC”) Orders that are not matched for execution during the Closing Auction. 9 As such, all eligible Market Orders, MOC Orders, 10 Limit Orders, 11 and Limit-on-Close (“LOC”) Orders 12 that are eligible for execution in the applicable auction against Market Orders or MOC Orders are taken into consideration when calculating the Market Imbalance for the Market Order Auction and Closing Auction.

The Exchange proposes to modify the Market Imbalance calculation for both the Market Order Auction and the Closing Auction so that it will only take into consideration Market Orders (for the Market Order Auction) and MOC Orders (for the Closing Auction) in determining the Market Imbalance. 7 PCXE Rule 7.31(a). 8 PCXE Rule 7.35(c). 9 PCXE Rule 7.35(e). 10 PCXE Rule 7.31(dd). 11 PCXE Rule 7.31(b). 12 PCXE Rule 7.31(ee). After careful consideration, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange. 13 In particular, the Commission believes that the proposed rule change is consistent with Section 6(b) of the Act, 14 in general, and furthers the objectives of Section 6(b)(5), 15 in particular, because it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments and perfect the mechanisms of a free and open market and to protect investors and the public interest. 13 In approving this rule, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 14 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b)(5).

The Exchange represents that the modified Market Imbalance calculation will provide Users 16 with more information about the number of Market Orders and MOC Orders available for execution on the side of the market with an excess number of such orders during the applicable auction. The Commission believes that the Exchange's proposal is reasonably designed to promote transparency of the available Market Orders and MOC Orders that have been submitted to participate in the applicable auction.

The Commission also believes that the proposed rule change, as amended, appears to be reasonably designed to promote competition among Users seeking to execute against Market Orders and MOC Orders, which are executed before marketable Limit Orders and LOC orders during the Market Order Auction and Closing Auction, respectively. 16 *See* PCXE Rule 1.1(yy) for the definition of “User.” *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 17 that the proposed rule change, as amended, (SR-PCX-2004-46) be, and it hereby is, approved. 17 15 U.S.C. 78s(b)(2). 18 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 18 Nancy M. Morris, Secretary. [FR Doc. E6-194 Filed 1-11-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10222 and # 10223] Florida Disaster Number FL-00011 AGENCY: U.S. Small Business Administration. ACTION: Amendment 5. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA-1609-DR), dated October 24, 2005. *Incident:* Hurricane Wilma. *Incident Period:* October 23, 2005 through November 18, 2005. *Effective Date:* January 6, 2006. *Physical Loan Application Deadline Date:* January 19, 2006. *EIDL Loan Application Deadline Date:* July 24, 2006.

ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Florida, dated October 24, 2005, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to January 19, 2006.

All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-240 Filed 1-11-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10312 and # 10313] Wisconsin Disaster # WI-00002 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Wisconsin dated 01/05/2006. *Incident:* Tornadoes. *Incident Period:* 08/18/2005. *Effective Date:* 01/05/2006. *Physical Loan Application Deadline Date:* 03/06/2006. *Economic Injury

(EIDL)Loan Application Deadline Date:* 10/05/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Dane, Richland. Contiguous Counties: Wisconsin: Columbia, Crawford, Dodge, Grant, Green, Iowa, Jefferson, Rock, Sauk, Vernon The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 5.375 Homeowners Without Credit Available Elsewhere 2.687 Businesses With Credit Available Elsewhere 6.557 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 4.750 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10312 C and for economic injury is 10313 O. The States which received an EIDL Declaration # are Wisconsin. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: January 5, 2006. Hector V. Barreto, Administrator. [FR Doc. E6-244 Filed 1-11-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board Public Meeting The U.S. Small Business Administration, Office of Small Business Development Centers, National Advisory Board will be hosting a public meeting via conference call to discuss such matters that may be presented by members, and the staff of the U.S. Small Business Administration, or interested others. The conference call will be held on Tuesday, February 21, 2006 at 1 p.m. Eastern Standard Time. Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone

(202)205-7045 or fax

(202)481-0681. Matthew K. Becker, Committee Management Officer. [FR Doc. E6-241 Filed 1-11-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION National Women's Business Council; Notice of Public Meeting In accordance with the Women's Business Ownership Act, Public Law 106-554 as amended, the National Women's Business Council

(NWBC)would like to announce a forthcoming Council meeting. The meeting will discuss the National Women's Business Council's agenda and action items for fiscal year 2006, included and not limited to procurement, access to capital, access to training and technical assistance, and access to markets. DATES: Thursday, January 26, 2006. ADDRESSES: U.S. Small Business Administration, 409 Third Street, SW., Eisenhower Conference Room, Washington, DC 20416. Time: 9 a.m.-4 p.m. Status: Open to the public. Attendance by RSVP only. Contact: Katherine Stanley, National Women's Business Council, 202-205-3850. Anyone wishing to attend and to make an oral presentation at the meeting must contact Margaret Barton, no later than Monday, January 23, 2006 at

(202)205-3850. Matthew K. Becker, Committee Management Officer. [FR Doc. E6-243 Filed 1-11-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of Waiver of the Nonmanufacturer Rule for Office Supplies, Paper and Toner. SUMMARY: The U.S. Small Business Administration

(SBA)is granting a waiver of the Nonmanufacturer Rule for Office Supplies, Paper and Toner. The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA's 8(a) Business Development Program. DATES: This waiver is effective January 27, 2006. FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by telephone at

(202)619-0422; by FAX at

(202)481-1788; or by e-mail at *edith.butler@sba.gov.* SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act,

(Act)15 U.S.C. 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal government within the last 24 months. The SBA defines “class of products” based on six digit coding systems. The first coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA received a request on October 18, 2005, to waive the Nonmanufacturer Rule for Office Supplies, Paper and Toner. In response, on November 3, 2005, SBA published in the **Federal Register** a notice of intent to waive the Nonmanufacturer Rule for Office Supplies, Paper and Toner. SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. In response to this notice, a comment was received from an interested party. SBA has determined that there are no small business manufacturers of this class of products, and is therefore granting the waiver of the Nonmanufacturer Rule for Office Supplies, Paper and Toner, NAICS 424120, 339940, 325992, 322231, and 453210. Authority: 15 U.S.C. 637(a)(17). Dated: January 5, 2006. Karen C. Hontz, Associate Administrator for Government Contracting. [FR Doc. E6-247 Filed 1-11-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5271] Culturally Significant Objects Imported for Exhibition Determinations: “David Smith: A Centennial” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “David Smith: A Centennial”, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at Solomon R. Guggenheim Museum, from on or about February 3, 2006, until on or about May 14, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Richard Lahne, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone:

(202)453-8058). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: January 9, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 06-332 Filed 1-11-06; 8:45 am]

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