Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices 30667

4See Securities Exchange Act Release No. 39548

(January 13, 1998), 63 FR 3596 (January 23, 1998)

(order approving API feature and Mandatory

Manual Double-up Double-down price protection).

5 15 U.S.C. 78f(b).

6 15 U.S.C. 78f(b)(5).

7 15 U.S.C. 78s(b)(3)(A).

8 17 CFR 240.19b–4.

9For purposes only of accelerating the operative

date of this proposal, the Commission has

considered the proposed rule’s impact on

efficiency, competition, and capital formation. 15

U.S.C. 78c(f).

10See supra, note 4.

11 Id. 12 17 CFR 200.30–3(a)(12).

feature. Specifically, Mandatory Manual

Double-up Double-down price

protection is used to provide price

improvement for those securities that

the specialist has determined are not

appropriate for the API feature because

the security is less liquid or less

volatile.4

Currently, both the API feature and

the Mandatory Manual Double-up

Double-down price protection begin at

9:45 A.M. The Exchange proposes to

begin both features at 9:30 A.M., when

the market generally opens. The PACE

timer will be reset to start the API

feature fifteen minutes earlier, which

should in turn permit those orders that

were excluded due to time constraint to

receive the benefits of the price

improvement through the API feature.

The time change for the Mandatory

Manual Double-up Double-down price

protection will require the specialist to

begin the same obligations fifteen

minutes earlier. This will allow those

stocks which are not subject to

automatic price improvement to receive

the benefits of Mandatory Manual

Double-up Double-down price

protection fifteen minutes earlier.

2. Statutory Basis

The Exchange believes the proposed

rule change is consistent with Section

6(b) 5 of the Act, in general, and furthers

the objectives of Section 6(b)(5),6 in

particular, in that it is designed to

remove impediments to and perfect the

mechanism of a free and open market

and a national market system, as well as

to protect investors and the public

interest by enhancing efficiency through

automation and providing automatic

price improvement to more equity

orders.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Exchange does not believe that

the proposed rule change would 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

The Exchange has neither solicited

nor received written comments on the

proposed rule change.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Pursuant to Section 19(b)(3)(A) 7 of

the Act and Rule 19b–4(e)(6) 8

thereunder, the proposed rule change

has become effective upon filing as it

effects a change that: (1) Does not

significantly affect the protection of

investors or the public interest; (2) does

not impose any significant burden on

competition; and (3) by its terms, does

not become operative for 30 days from

the date of filing, or such shorter time

that the Commission may designate if

consistent with the protection of

investors and the public interest. The

Exchange has requested that the

Commission accelerate the operative

date of the proposal in order for the new

9:30 start time for both the API Feature

and the Mandatory Manual Double-up

Double-down price protection provision

to become operative promptly.

The Commission finds good cause for

accelerating the operative date of the

proposal as of the date of this notice.9

The Commission has previously found

that both the API Feature and the

Mandatory Manual Double-up Doubledown price protection provision may

enhance intermarket competition and

order execution quality on the

Exchange.10 In addition, the

Commission previously found that both

features should contribute to the

maintenance of orderly markets by Phlx

specialists because they help to reduce

the price variations occurring from trade

to trade on low volume.11 With the

current proposal, investors could

receive all of these potential benefits at

9:30 when the market opens. The

Commission also notes that the original

proposal was published for the full

comment period, and the Commission

received no comments.

At any time within 60 days of the

filing of the proposed rule change, the

Commission may summarily abrogate

such rule change if it appears to the

Commission that such action is

necessary or appropriate in the public

interest, for the protection of investors,

or otherwise in furtherance of the

purposes of the Act.

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.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and exchange

Commission, 450 Fifth Street, N.W.,

Washington, D.C. 20549–0609. 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 will also be

available for inspection and copying at

the principal office of the Phlx. All

submissions should refer to File No.

SR–PHLX–00–37 and should be

submitted by June 2, 2000.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.12

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–11919 Filed 5–11–00; 8:45 am]

BILLING CODE 8010–01–M

TENNESSEE VALLEY AUTHORITY

Paperwork Reduction Act of 1995, as

amended by Pub. L. 104–13;

Submission for Office of Management

and Budget (OMB) Review; Comment

Request

AGENCY: Tennessee Valley Authority.

ACTION: Submission for Office of

Management and Budget (OMB) Review;

comment request.

SUMMARY: The proposed information

collection described below will be

submitted to the Office of Management

and Budget (OMB) for review, as

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35, as

amended). The Tennessee Valley

Authority is soliciting public comments

on this proposed collection as provided

by 5 CFR Section 1320.8(d)(1). Requests

for information, including copies of the

information collection proposed and

supporting documentation, should be

directed to the Agency Clearance

Officer: Wilma H. McCauley, Tennessee

Valley Authority, 1101 Market Street

(EB 5B),

30668 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices

1The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

Chattanooga, Tennessee 37402–2801;

(423) 751–2523.

Comments should be sent to OMB

Office of Information and Regulatory

Affairs, Attention: Desk Officer for

Tennessee Valley Authority no later

than June 12, 2000.

SUPPLEMENTARY INFORMATION:

Type of Request: Regular submission,

proposal to reinstate, with change, a

previously approved collection for

which approval has expired.

Title of Information Collection:

Farmer Questionnaire-Vicinity of

Nuclear Power Plants.

Frequency of Use: On occasion.

Type of Affected Public: Individuals

or households, and farms.

Small Businesses or Organizations

Affected: No.

Federal Budget Functional Category

Code: 271.

Estimated Number of Annual

Responses: 150.

Estimated Total Annual Burden

Hours: 40.

Estimated Average Burden Hours Per

Response: 0.25.

Need For and Use of Information:

This survey is used to locate, for

monitoring purposes, rural residents,

home gardens, and milk animals within

a five mile radius of a nuclear power

plant. The monitoring program is a

mandatory requirement of the Nuclear

Regulatory Commission set out in the

technical specifications when the plants

were licensed.

Jacklyn J. Stephenson,

Senior Manager, Enterprise Operations,

Information Services.

[FR Doc. 00–11967 Filed 5–11–00; 8:45 am]

BILLING CODE 8120–08–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–6 (Sub–No. 387X)]

The Burlington Northern and Santa Fe

Railway Company—Abandonment

Exemption—in Stearns County, MN

The Burlington Northern and Santa Fe

Railway Company (BNSF) has filed a

notice of exemption under 49 CFR 1152

Subpart F—Exempt Abandonments to

abandon a 4.89-mile line of its railroad

between milepost 81.11 near St. Joseph

and milepost 86.00 near Collegeville, in

Stearns County, MN. The line traverses

United States Postal Service Zip Codes

56321, 56374 and 56375.

BNSF has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic on

the line can be rerouted over other lines;

(3) no formal complaint filed by a user

of rail service on the line (or by a state

or local government entity acting on

behalf of such user) regarding cessation

of service over the line either is pending

with the Surface Transportation Board

(Board) or with any U.S. District Court

or has been decided in favor of

complainant within the 2-year period;

and (4) the requirements at 49 CFR

1105.7 (environmental reports), 49 CFR

1105.8 (historic reports), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment— Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on June 13, 2000, unless stayed

pending reconsideration. Petitions to

stay that do not involve environmental

issues,1 formal expressions of intent to

file an OFA under 49 CFR

1152.27(c)(2),2 and trail use/rail banking

requests under 49 CFR 1152.29 must be

filed by May 22, 2000. Petitions to

reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by June 1, 2000, with: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Sarah Whitley Bailiff,

Senior General Attorney, The

Burlington Northern and Santa Fe

Railway Company, 2500 Lou Menk

Drive, Fort Worth, TX 76131–2828.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

BNSF has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by May 17, 2000.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423) or by calling

SEA, at (202) 565–1545. Comments on

environmental and historic preservation

matters must be filed within 15 days

after the EA becomes available to the

public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR

1152.29(e)(2), BNSF shall file a notice of

consummation with the Board to signify

that it has exercised the authority

granted and fully abandoned the line. If

consummation has not been effected by

BNSF’s filing of a notice of

consummation by May 12, 2001, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 4, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–11840 Filed 5–11–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

Proposed Collection; Comment

Request

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995,

Public Law 104–13 (44 U.S.C.

3506(c)(2)(A)). Currently, the Bureau of

Alcohol, Tobacco and Firearms within

the Department of the Treasury is

soliciting comments concerning the

Application and Permit For Importation

of Firearms, Ammunition and

Implements of War.