31198 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Notices

11. Promptly provide NRC with all

information applicable to an assessment of a

perpetrator’s operational capability to carry

out a threat.

12. At the scene of a nuclear threat

incident, provide the necessary support, as

may be needed by NRC personnel, in

carrying out assigned operations and actions

to protect the public from radiological

hazards.

13. Request Department of Defense (DOD)/

Civil Explosive Ordnance Disposal (EOD)

resources, as appropriate.

B. The NRC

NRC shall provide, to the extent

compatible with its primary mission to

protect the public’s health and safety, as

required by the Atomic Energy Act of 1954,

as amended, the Energy Reorganization Act

of 1974, and the Omnibus Diplomatic

Security Act and Anti-Terrorism Act of 1986,

scientific and technical support to the FBI

upon notification of the existence of a

nuclear threat incident.

It is therefore understood that NRC shall:

1. Review and correlate intelligence

information on possible criminal acts

received from the FBI; evaluate potential

adversary capabilities and trends as a basis

for rulemaking, evaluations, and systems

design.

2. When informed of an FBI investigation

involving an NRC-licensed nuclear facility or

activity, will promptly provide to the FBI

investigating office a list of all positions

considered critical to the safety and security

of that facility or activity.

3. Establish liaison with FBI Headquarters

staff and field office personnel to ensure

effective information exchange, threat

evaluation, and contingency response

planning.

4. Support joint operational readiness

planning between licensees and associated

local law enforcement agencies for prompt

law enforcement response assistance when

needed at licensed facilities or activities.

5. Notify the FBI of threats involving NRClicensed nuclear facilities, materials, or

activities; assist the FBI in evaluating the

nuclear aspects and the credibility of such

threats, as appropriate.

6. Disseminate, with the approval of the

FBI, to the affected licensees, alert and

warning information received from the FBI

about specific nuclear-related threats.

In the event of a nuclear threat incident,

NRC shall:

7. Plan for and manage the public health

and safety aspects of the response to a

nuclear threat incident involving NRClicensed facilities, materials, or activities.

8. Provide NRC field liaison and technical

assistance to the FBI at the scene of an

incident.

9. Evaluate the radiological hazards of the

particular incident and provide technical

assessment of any potential or actual impact

upon the public health and safety.

10. Ensure that all reasonable measures are

provided for the health and safety of all FBI

personnel and equipment involved in the

support of the incident.

11. Provide for the health and safety of the

public from radiological hazards.

C. Joint

The FBI and NRC shall:

1. Coordinate all proposed press releases

related to nuclear threat incidents involving

NRC-licensed facilities, materials, or

activities.

2. Identify individuals assigned to fulfill

the positions and responsibilities outlined in

Section III of this agreement.

3. Handle all threat incident information

with adequate security and confidentiality

commensurate with national security

guidelines and the standards for the

preservation of criminal evidence.

4. Review and evaluate the events leading

to and occurring during a nuclear threat

incident for the purpose of improving upon

future joint responses.

5. Exercise and test nuclear threat incident

management procedures, equipment, and

personnel.

IV. Standard Procedures

A. Initial Notification

1. Nuclear threat incidents involving NRClicensed facilities, materials, or activities may

be reported to either the FBI, NRC, or others.

Upon receipt of a reported threat, the agency

informed shall immediately notify the other

concerned agencies about the situation and

exact information known.

2. The FBI and NRC will notify appropriate

individuals and offices of any nuclear

emergency in accordance with current

procedures and agreements.

B. Points of Contact

1. The FBI Special Agent in Charge of the

responding FBI field office will take

command of the field operations in a nuclear

threat incident involving NRC-licensed

facilities, materials, or activities. At the

Headquarters level, a Special Agent may be

designated to act as a liaison officer with the

NRC Executive Team (ET).

2. The NRC Headquarters ET will convene

and during the initial stage of the response

will direct NRC activities. The Director may

transfer authority for managing the NRC

emergency response to the Director of Site

Operations.

3. The FBI and NRC field representatives

will coordinate and cooperate with each

other in carrying out their respective

responsibilities. The FBI and NRC

representatives will report on the situation

and make recommendations to their

respective agencies regarding the need for

additional assistance at the scene.

4. The FBI and NRC will maintain points

of contact with the other Federal agencies

involved in responding to a nuclear threat

incident involving NRC-licensed facilities,

materials, or activities.

V. Threat Assessment

1. NRC will provide scientific and

technical advice for determining the

credibility of specific nuclear threats and

potential hazards associated with those

threats.

2. NRC will endeavor to verify, with the

cooperation of the Department of Energy and/

or the Department of Defense, whether any

source material, special nuclear material, or

radioactive by-products, are missing or

unaccounted for.

VI. Funding Responsibilities

Interested parties will each fund for the

cost incurred in providing the necessary

assistance required to meet the

responsibilities defined in this MOU.

VII. Terms of Agreement

1. This Agreement will become effective

immediately upon signature by all parties

and shall continue in effect unless

terminated by any party upon 120 days

notice in writing to all other parties.

2. Amendments or modifications to this

Agreement may be made upon written notice

by all parties to the Agreement.

For the Federal Bureau of Investigation.

Dated: May 29, 1991.

William S. Sessions,

Director.

For the Nuclear Regulatory Commission.

Dated: March 13, 1991.

Kenneth M. Carr,

Chairman.

[FR Doc. 00–12300 Filed 5–15–00; 8:45 am]

BILLING CODE 7590–01–M

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment

Request

SUMMARY: In accordance with the

requirement of Section 3506 (c)(2)(A) of

the Paperwork Reduction Act of 1995

which provides opportunity for public

comment on new or revised data

collections, the Railroad Retirement

board (RRB) will publish periodic

summaries of proposed data collections.

Comments are invited on: (a) Whether

the proposed information collection is

necessary for the proper performance of

the functions of the agency, including

whether the information has practical

utility; (b) the accuracy of the RRB’s

estimate of the burden of the collection

of the information; (c) ways to enhance

the quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden related to

the collection of information on

respondents, including the use of

automated collection techniques or

other forms of information technology.

Title and purpose of information

collection: Lag Service Reports; OMB

3220–005.

Under Section 9 of the Railroad

Retirement Act (RRA), railroad

employers are required to submit

reports of employee service and

compensation to the RRB as needed for

administering the RRA. To pay benefits

due on a deceased employee’s earnings

records or determine entitlements to,

and amount of an annuity applied for,

it is necessary at times to obtain from

railroad employers current (lag) service

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Notices 31199

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3See Securities Exchange Act Release No. 29237

(May 24, 1991), 56 FR 24853 (May 31, 1991) (Files

No. SR–NYSE–90–52 and SR–NYSE–90–53).

4See id.

and compensation information not yet

reported to the RRB through the annual

reporting process. The reporting

requirements are specified in 20 CFR

209.4 and 209.5.

The RRB currently utilizes Form G–

88A, Employer’s Supplemental Report

of Service and Compensation and Form

AA–12, Notice of Death and Statement

of Compensation, to obtain the required

lag service and compensation and

related information from railroad

employers.

The RRB proposes to obsolete Form

G–88a. Form G–88a will be replaced by

two forms, Form G–88a.1, Notice of

Retirement and Request for Verification

of Date Last Worked, and G–88a.2,

Notice of Retirement and Request for

Service Needed for Eligibility. Form G–

88a.1 will be sent by the RRB to railroad

employers and used for the specific

purpose of verifying information

previously provided to the RRB

regarding the date last worked by the

employee. If the information is correct,

the employer need not reply. If the

information is incorrect, the employer is

asked to provide corrected information.

Form G–88a.2 will be used by the RRB

to secure lag service and compensation

information when it is needed to

determine benefit eligibility. Both

proposed forms will direct the railroad

employers to fax the information

directly to the RRB. It is expected that

the proposed new forms will be easier

for railroad employers to complete and

encourage a speedier reply, allowing the

RRB to pay applicants in a more timely

and accurate manner. A minor editorial

change is proposed to Form AA–12.

The completion time for proposed

forms G–88a.1 and G–88a.2 is estimated

at 5 minutes per response. The

estimated completion time for Form

AA–12 is estimated at 61⁄2 minutes per

response. The RRB estimates that

approximately 800 Form AA–12’s, 2,300

Form G–88a.1’s and 1,200 G–88.2’s will

be completed annually.

ADDITIONAL INFORMATION OR COMMENTS:

To request more information or to

obtain a copy of the information

collection justification, forms, and/or

supporting material, please call the RRB

Clearance Officer at (312) 751–3363.

Comments regarding the information

collection should be addressed to

Ronald J. Hodapp, Railroad Retirement

Board, 844 North Rush Street, Chicago,

Illinois 60611–2092. Written comments

should be received within 60 days of

this notice.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 00–12199 Filed 5–15–00; 8:45 am]

BILLING CODE 7905–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–42770; File No. SR–NYSE–

99–31]

Self-Regulatory Organizations; New

York Stock Exchange, Inc.; Order

Granting Approval to Proposed Rule

Change Amending Exchange Rules

902, 903 and 906

May 10, 2000.

I. Introduction

On June 30, 1999, the New York Stock

Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’)

submitted to the Securities and

Exchange Commission (‘‘SEC’’ or

‘‘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

amend Exchange Rules 902, 903 and

906.

The proposed rule change was

published for comment in the Federal

Register on September 1, 1999. No

comments were received on the

proposal. This order approves the

proposal.

II. Description of the Proposal

The Exchange proposes to amend

NYSE Rules 902, 903 and 906 to permit

coupled orders to be submitted after the

official closing of the 9:30 a.m. to 4:00

p.m. trading session until 5:00 p.m. (the

period after the 4:00 p.m. close until

5:00 p.m. hereafter referred to as

‘‘Crossing Session 1’’) where both sides

represent member or member

organization interest, in circumstances

in which a specialist has included

another member’s or member

organization’s interest in offsetting the

imbalance when setting a closing price.

In 1991, the Exchange established its

‘‘Off-Hours Trading Facility.’’ 3 In

connection with its implementation, the

Exchange adopted its ‘‘900’’ series of

rules to govern trading, order eligibility,

order entry and record keeping

requirements.4

At 4:00 p.m. each day, the Exchange

completes its normal procedure for the

close of trading of the 9:30 a.m.–4:00

p.m. trading session. After 4:00 p.m., a

common message switch broadcast

message is published announcing the

commencement of Crossing Session 1,

which runs until 5:00 p.m.

During Crossing Session 1, the OffHours Trading Facility permits members

and member organizations to enter

orders to be executed at the NYSE

closing price, that is, the price

established by the last regular way sale

in a security at the official closing of the

9:30 a.m. to 4:00 p.m. trading session.

Orders may be entered for any Exchange

listed issue, other than a security that is

subject to a trading halt at the close of

the regular trading session (including a

Rule 80B trading halt) or is halted after

4:00 p.m.

The Exchange proposes to modify

certain rules pertaining to Crossing

Session 1 in an effort to reduce volatility

and price dislocations at the 4:00 p.m.

close by enabling the specialist to reflect

legitimate market interest that was

willing to participate in the close, but

could not enter a timely order.

In circumstances in which a stock has

an imbalance of market-on-close or

limit-on-close orders, or when the

closing price will elect a significant

volume of stop orders, there may be

little time to attract offsetting orders. A

member, member organization or a

customer may be willing to offset the

imbalance, but be unable to enter an

order before 4:00 p.m. The specialist

may then have to acquire a substantial

position or halt trading.

Under NYSE Rule 902, coupled orders

to buy and sell the same amount of the

same security may be entered into

Crossing Session 1. However, such

coupled orders may not be entered if

they are both for an account of a

member or member organization, or for

an account in which an ‘‘associated

person’’ of a member or member

organization has an interest.

Therefore, while a specialist member

organization may enter an order coupled

with a contra-side order from a nonmember in Crossing Session 1, it may

not enter an order coupled with an

order for a member’s or member

organization’s account.

The Exchange proposes to amend

NYSE Rule 902 to permit coupled

orders to be submitted to Crossing

Session 1 where both sides represent

member or member organization

interest, in circumstances in which a

specialist has included another

member’s or member organization’s

interest in offsetting the imbalance

when setting a closing price. Thus, the

specialist may increase his or her

participation at the close in anticipation

of trading with a member or member

organization in Crossing Session 1 and

the closing price should reflect less of

an imbalance.

Under NYSE Rule 903, orders entered

in Crossing Session 1, including

coupled orders, are executed at the 5:00

p.m. close of the session. Under NYSE