25400 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Notices

E101

E102

A final plan will be published after all

comments have been received from

interested parties and reviewed by the

Postal Service.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–10812 Filed 4–28–00; 8:45 am]

BILLING CODE 7710–12–P

SECURITIES AND EXCHANGE

COMMISSION

Proposed Collection; Comment

Request

Upon Written Request, Copies Available

From: Securities and Exchange

Commission, Office of Filings and

Information Services, Washington, DC

20549

Extension:

Form T–6, SEC File No. 270–344, OMB

Control No. 3235–0391

Form 11–K, SEC File No. 270–101, OMB

Control No. 3235–0082

Form 144, SEC File No. 270–112, OMB

Control No. 3235–0101

Regulation S–B, SEC File No. 270–370,

OMB Control No. 3235–0417

Notice is hereby given that pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) the Securities

and Exchange Commission

(‘‘Commission’’) is soliciting comments

on the collections of information

summarized below. The Commission

plans to submit these existing

collections of information to the Office

of Management and Budget for

extension and approval.

Form T–6 is a statement of eligibility

and qualification for a foreign corporate

trustee under the Trust Indenture Act of

1939. Form T–6 provides the basis for

determining if a trustee is qualified. All

information is provided to the public

upon request. Form T–6 takes

approximately 17 burden hours to be

prepared and is filed by 15 respondents.

It is estimated that 25% of the 255 total

burden hours (64 hours) would be

prepared by the filer.

Form 11–K is the annual report

designed for use by employee stock

purchase, savings and similar plans to

facilitate their compliance with the

reporting requirement. Form 11–K is

necessary to provide employees with

information, including financial

information, with respect to the

investment vehicle or plan itself. Form

11–K provides the employees in turn

with the necessary information to assess

the performance of the investment

vehicle in which their money is

invested. Form 11–K is filed on

occasion and the information required is

mandatory. All information is provided

to the public upon request. Form 11–K

takes approximately 30 burden hours to

prepare and is filed by 774 respondents

for a total of 23,220 annual burden

hours.

Form 144 is used to report the sale of

securities during any three month

period that exceeds 500 shares or other

units or has an aggregate sales price in

excess of $10,000. The information

requested is mandatory. Form 144

operates in conjunction with Rule 144.

If the information collection was not

required, the objectives of the rule could

be frustrated. All information is

provided to the public upon request.

Form 144 takes approximately 2 burden

hours to prepare and is filed by 18,096

respondents for a total of 36,192 annual

burden hours.

Regulation S–B provides an integrated

disclosure system for small business

issuers that file registration statements

under the Securities Act of 1933 and

reports under the Securities Exchange

Act of 1934. The information requested

is mandatory. The information collected

is intended to ensure the adequacy of

information is available to investors in

the registration of securities. All

information is provided to the public

upon request. Regulation S–B takes

approximately one burden hour to

review and is filed by one respondent

for a total of one annual burden hour.

The one hour associated with

Regulation S–B is strictly an

administrative reporting burden.

Written comments are invited on: (a)

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

(b) the accuracy of the agency’s estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology. Consideration will be given

to comments and suggestions submitted

in writing within 60 days of this

publication.

Please direct your written comments

to Michael E. Bartell, Associate

Executive Director, Office of

Information Technology, Securities and

Exchange Commission, 450 5th Street,

NW, Washington, DC 20549.

Dated: April 19, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–10728 Filed 4–28–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Submission for OMB Review;

Comment Request

Upon Written Reqeust; Copies Available

From: Securities and Exchange

Commission, Office of Filings and

Information Services, Washington, DC

20549

Extension:

Form T–1, SEC File No. 270–121, OMB

Control No. 3235–0110

Form T–2, SEC File No. 270–122, OMB

Control No. 3235–0111

Form T–3, SEC File No. 270–123, OMB

Control No. 3235–0105

Form T–4, SEC File No. 270–124, OMB

Control No. 3235–0107

Rule 14f–1, SEC File No. 270–127, OMB

Control No. 3235–0108

Rule 12d1–3, SEC File No. 270–116, OMB

Control No. 3235–0109

Notice is hereby given that pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) the Securities

and Exchange Commission

(Commission) has submitted to the

Office of Management and Budget

requests for extension on the previously

approved collections of information

discussed below.

Form T–1 is a statement of eligibility

and qualification for corporate trustee

under the Trust Indenture Act. Form T–

1 is filed on occasion. The information

required by form T–1 is mandatory. All

information is provided to the public

upon request. Form T–1 takes 15 burden

hours to prepare and is filed by 180

respondents for a total of 2,700 burden

hours.

Form T–2 is a statement of eligibility

under the Trust Indenture Act of an

individual designated to act as trustee.

The information required by Form T–2

is mandatory. All information is

provided to the public upon request.

Form T–2 takes 9 burden hours to

prepare and is filed by 36 respondents

for a total of 324 burden hours.

Form T–3 is used as an application for

qualification of indentures pursuant to

the Trust Indenture Act, but only when

securities to be issued thereunder are

not required to be registered under the

Securities Act of 1933. The information

required by Form T–3 is mandatory. All

information is provided to the public

upon request. T–3 takes 43 burden

hours to prepare and is filed by 55

respondents for a total of 2,365 burden

hours.

Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Notices 25401

1 17 CFR 240.0–12.

2 15 U.S.C. 78mm(a)(1).

3The NASD filed its application on March 3,

2000. Subsequently, Nasdaq completed its

acquisition of the assets of the software

development company.

Form T–4 is used to apply for an

exemption from certain provisions of

the Trust Indenture Act. The

information required by Form T–4 is

mandatory. All information is provided

to the public upon request. Form T–4

takes 5 burden hours to prepare and is

filed by 3 respondents for a total of 15

burden hours.

Rule 14f–1 requires issuers to disclose

a change in a majority of issuer

directors. The information filed under

Rule 14f–1 must be filed with the

Commission. All information submitted

is provided to the public upon request.

It takes 18 burden hours to prepare the

necessary information and is filed by 44

respondents for a total of 792 burden

hours.

Rule 12d1–3 requires a certification

that a security has been approved by an

exchange for listing and registration

pursuant to Section 12(d) of the

Securities Exchange Act to be filed with

the Commission. The information

required under Rule 12d1–3 must be

filed with the Commission. All

information filed with the Commission

is available to the public upon request.

It takes one-half hour to prepare the

necessary information and is filed by

688 respondents for a total of 344

burden hours.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

Written comments regarding the

above information should be directed to

the following persons: (i) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Room 10102,

New Executive Office Building,

Washington, D.C. 20503; and (ii)

Michael E. Bartell, Associate Executive

Director, Office of Information

Technology, Securities and Exchange

Commission, 450 Fifth Street, N.W.,

Washington, D.C. 20549. Comments

must be submitted to OMB within 30

days of this notice.

Dated: April 18, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–10727 Filed 4–28–00; 8:45 am]

BILLING CODE 8010–01–M

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[Release No. 34–42713; Form Type 34–36

MR; File No. 79–9]

Notice of Application and Order

Temporarily Granting Application for a

Conditional Exemption by the National

Association of Securities Dealers, Inc.

Relating to the Acquisition and

Operation of a Software Development

Company by the Nasdaq Stock Market,

Inc

April 24, 2000

Pursuant to Rule 0–12 1 under the

Securities Exchange Act of 1934

(‘‘Exchange Act’’), notice is hereby given

that on March 3, 2000, the National

Association of Securities Dealers, Inc.

(‘‘NASD’’) and the Nasdaq Stock Market,

Inc. (‘‘Nasdaq’’) filed with the Securities

and Exchange Commission

(‘‘Commission’’) an application for a

conditional exemption under Section

36(a)(1) of the Exchange Act 2 relating to

Nasdaq’s acquisition and operation of a

software development company. In

addition, the NASD requested that, if

the Commission determined to solicit

comment on the application for a

permanent exemption, the Commission

grant a temporary conditional

exemption for a period of one year.

The Commission is publishing this

notice to solicit comments from

interested persons on the NASD’s

application for a permanent exemption.

For the reasons discussed below, the

Commission also is issuing an order at

this time approving the NASD’s request

for a temporary conditional exemption

for a period of one year from the date

of this release. The Commission will

make a final determination concerning

the request for a permanent exemption

after reviewing the comments submitted

in response to this notice and prior to

the expiration of the temporary

exemption.

The text of the NASD’s application is

set forth in section 1 below,3 followed

by the Commission’s solicitation of

comments on the NASD’s request for a

permanent exemption in section II and

the Commission’s order granting the

NASD’s request for a temporary

exemption in section III.

I. NASD’s Application for Exemption

On behalf of the NASD and Nasdaq,

pursuant to Section 36 of the Securities

Exchange Act of 1934 and Rule 0–12

thereunder, we are writing to apply for

an exemption from Section 19(b) of the

Exchange Act, to (1) permit Nasdaq to

acquire and operate a software

development company, Financial

Systemware, Inc. (‘‘FSI’’), to market

certain financial services software,

‘‘OTC Tools’’ and related software

(‘‘Software’’), and to expand the

products and services offered by FSI to

include service bureau and back-office

functions for NASD broker-dealers,

without filing proposed rule changes

pursuant to Rule 19b–4 under the

Exchange Act of before making or

implementing any modifications to the

Software, or with respect to each new

software product or service offered by

FSI (provided those new software

products and services are offered in a

manner that is not inconsistent with the

presentation contained in this letter),

and (2) permit FSI to determine prices

for such software products and services

based on competitive market factors

without filing proposed rule changes

pursuant to Rule 19b–4 under the

Exchange Act.

A. Background

The NASD is a national securities

association registered under Section

15A of the Exchange Act. As a national

securities association, the NASD is a

self-regulatory organization (‘‘SRO’’) as

defined by Section 3(a)(26) of the

Exchange Act. Though its subsidiaries,

NASD Regulation, Inc., the American

Stock Exchange, Inc. and Nasdaq, the

NASD develops rules and regulations,

conducts regulatory review of its

members’ business activities, and

designs and operates marketplace

facilities and services.

The NASD also has three other

subsidiaries: (1) Nasdaq International,

Ltd., which provides services to

domestic and foreign companies, (2)

Securities Dealers Insurance Co., Inc.,

which provides reinsurance services in

connection with a fidelity bond program

for NASD members, and (3) Securities

Dealers Risk Purchasing Group, which

provides professional liability insurance

to NASD members.

The NASD sets the overall strategic

direction and policy agenda of the

whole organization, oversees the

effectiveness of its subsidiaries and

ensures that the organization’s statutory

and self-regulatory obligations are

fulfilled.

Subject to receiving the exemptive

relief requested herein, Nasdaq plans to

acquire the assets of FSI, whose primary

line of business is the development and

distribution of a financial services

software product called ‘‘OTC Tools.’’

OTC Tools is designed for and marketed