32136 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Notices

2. Overview

The action to combine all Corps of

Engineers laboratories into the ERDC

and expand coverage of the WES

Personnel Management Demonstration

Project to the entire ERDC prompted a

review of the provisions of the project

to assure acceptance by all levels of

management, employees, and bargaining

units. The review revealed that the best

interests of all involved would be better

served by revising the manner in which

performance is recognized in RIF

procedures to allow for performance

based on a longer period than that

represented by a single performance

score.

Dated: May 9, 2000.

Office of Personnel Management.

Janice R. Lachance,

Director.

I. Executive Summary

The Department of the Army

established the personnel management

demonstration projects to be generally

similar to the system in use at the Navy

personnel demonstration project known

as China Lake. The projects and this

amendment are built upon the concepts

of linking performance to pay for all

covered positions; simplifying

paperwork in the processing of

classification and other personnel

actions; emphasizing partnerships

among management, employees, and

unions; and delegating other authorities

to line managers.

II. Introduction

The demonstration project at the

ERDC attempts to provide managers

with the authority, control and

flexibility to achieve quality laboratories

and quality products. These goals are

met by employing the best candidates

and ensuring the best employees are

retained in the event of a reduction in

force. The purpose of this amendment is

to revise the procedures to recognize

employee performance in establishing

retention registers by basing the

criterion on the average of the last three

annual performance scores in the most

recent 4-year period instead of the last

single performance score. This

considers employee performance over a

longer period of time. Other basic

provisions of the approved plan are

unchanged.

III. Personnel System Changes

This project is built upon the

concepts of linking performance to pay,

simplifying paperwork in the processing

of classification and other personnel

actions, emphasizing partnerships

among management, employees and

unions, and delegating certain

authorities to line managers. Pay for

performance is accomplished by

assigning a numerical score to an

employee’s performance at the end of

the annual rating cycle and using the

score to determine the employee’s pay

increase. Currently, the score is also

used to determine in part an employee’s

retention standing in the event of a

reduction in force. For RIF purposes,

this amendment proposes instead to

recognize employee performance by

averaging the last three performance

scores rather than using only the last

performance score.

The Federal Register, Volume 63,

Number 57, dated March 25, 1998,

Section III.H.2. (Retention), page 14593,

first paragraph, first sentence, is

amended to read as follows:

Retention registers will be established

based on the following criteria listed in order

of priority: Tenure status (Tenure I—career,

Tenure II—career conditional, Tenure III—

modified term); veterans’ preference; the

average of the last three annual employee

performance scores in the most recent 4-year

period; and service computation date.

The use of three performance scores

recognizes that an employee’s

performance may vary from one year to

the next because of unforeseen

circumstances such as an illness,

relocation, a change in workload, or

reorganization. The amendment

incorporates the recommendations of

management, employees and unions,

ensures the very best employees are

retained in the event of a RIF, and

continues to support the objectives of

the ERDC personnel management

demonstration project.

[FR Doc. 00–12688 Filed 5–19–00; 8:45 am]

BILLING CODE 6325–01–P

POSTAL SERVICE

Privacy Act of 1974, Systems of

Records

AGENCY: Postal Service.

ACTION: Notice of amendments to

existing systems of records.

SUMMARY: The purpose of this document

is to publish notice of amendments to

two Privacy Act systems of records. The

amendments conform to a rule change

published in the Federal Register on

January 25, 2000 (65 FR 3857–3859),

amending Postal Service regulations

that govern the disclosure of

information contained in PS Form 1093,

Application for Post Office Box or Caller

Service, and PS Form 1583, Application

for Delivery of Mail Through Agent.

Information collected by these forms is

covered by Privacy Act systems of

records USPS 010.020, Collection and

Delivery Records—Boxholder Records,

and USPS 010.050, Collection and

Delivery Records—Delivery of Mail

Through Agents, respectively, for which

changes are proposed by this notice.

DATES: Any interested party may submit

written comments on the proposed

addition and modification. This

proposal will become effective without

further notice on June 21, 2000, unless

comments received on or before that

date result in a contrary determination.

ADDRESSES: Written comments on this

proposal should be mailed or delivered

to Administration and FOIA, United

States Postal Service, 475 L’Enfant Plaza

SW, RM 8141, Washington, DC 20260–

5202. Copies of all written comments

will be available at the above address for

public inspection and photocopying

between 8 a.m. and 4 p.m., Monday

through Friday.

FOR FURTHER INFORMATION CONTACT:

Betty Sheriff, (202) 268–2608.

SUPPLEMENTARY INFORMATION:

Information about customers who use

post office box service is maintained

within Privacy Act system of records

USPS 010.020, Collection and Delivery

Records—Boxholder Records. In the

past, the Postal Service has disclosed to

the general public, upon request, the

name, address, and telephone number of

the holder of a post office box being

used for the purpose of doing or

soliciting business with the public. To

provide a greater degree of privacy and

security to the growing number of small

business owners who operate out of

their homes, that provision has been

repealed. As a result, routine use No. 1

is deleted. The rule change referenced

above also repeals a provision allowing

disclosure of boxholder information in

response to oral requests from law

enforcement agencies made through the

Postal Inspection Service, in the course

of a criminal investigation, necessitating

the deletion of routine use No. 4. The

remaining routine use Nos. 2, 3, and 5

are redesignated as routine uses 1

through 3, respectively, and the ‘‘Note’’

preceding them is amended to delete the

explanation as to when copies of PS

Form 1093 may be provided (now

incorporated into the routine use) and to

succeed the routine uses as an

exception. Under the exception,

disclosure is not authorized by the

routine uses if the individual boxholder

has filed a protective order with the

postmaster, unless the party seeking the

information submits an order of a court

of competent jurisdiction requiring

disclosure.

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Notices 32137

Information about customers who use

commercial mail receiving agency

(CMRA) services, and the agents who

provide those services, is maintained

within Privacy Act system of records

USPS 010.050, Collection and Delivery

Records—Delivery of Mail Through

Agents. Each applicant for delivery of

mail to a CMRA is required to complete

and sign PS Form 1583, Application for

Delivery of Mail Through Agent.

Information collected by PS Form 1583

includes the name, address, and

telephone number of the agent and the

addressee and, drivers license, or other

forms of identification. In addition, the

owner or manager of a CMRA is

required to complete PS Form 1583–A,

Application to Act as a Commercial

Mail Receiving Agency, which includes

the owner/manager’s home address and

telephone number. This notice amends

the categories of records segment of the

system notice to note the collection of

additional information as a result of

revision of PS Form 1583 and adoption

of the new PS Form 1583–A.

Consistent with past practice,

information provided by a CMRA

customer on PS Form 1583 will not be

available to the public. A review of the

general routine uses (those applied to

most Postal Service systems of records

to enable the routine conduct of postal

business) applied to system of records

USPS 010.050 has resulted in the

deletion of three routine uses. These

routine uses permit disclosure to: an

auditor of Postal Service finances, the

Office of Management and Budget for

review of private relief legislation, and

labor organizations for collective

bargaining purposes. Since such

disclosures of information covered by

this system should be unnecessary for

those purposes, the routine uses are

deleted. Under the remaining routine

uses, the Postal Service will not disclose

the name or address of a customer who

has submitted an appropriate court

order of protection unless the requester

obtains an order of a court of competent

jurisdiction that requires the disclosure

notwithstanding the existence of the

protective order.

In addition to the above, the Purpose

statement for system USPS 010.050 is

enhanced by adding objectives directly

related to the longstanding purpose for

which records in this system are

collected.

The amendments proposed by this

notice are not expected to diminish

individual privacy rights. In fact, the

amendments are intended to enhance

the privacy of small business owners

operating out of the home and of

individuals such as battered individuals

and stalking victims who feel they may

be at risk of harm if their physical

location is not kept private. In the

interest of those protections, certain

routine uses have been deleted to

reduce the number of situations in

which disclosure may be made outside

of the Postal Service and to strengthen

assurances of privacy.

Pursuant to 5 U.S.C. 552a(e)(11),

interested persons are invited to submit

written data, views, or arguments on

this proposal. A report of the

amendments has been sent to Congress

and to the Office of Management and

Budget for their evaluation.

For the above reasons, the Postal

Service proposes the following

amendments. USPS Privacy Act system

010.020 was last published in its

entirety in the Federal Register on

October 26, 1989 (54 FR 43658–43659),

and amended on October 11, 1990 (55

FR 41398–41399), and on February 23,

1999 (64 FR 8878). USPS 010.050 was

last published in its entirety in the

Federal Register on October 26, 1989

(54 FR 43660–43661), and amended on

May 3, 1994 (59 FR 2284), and on

February 23, 1999 (64 FR 8878).

USPS 010.020

SYSTEM NAME:

Collection and Delivery Records—

Boxholder Records, 010.020.

* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

[CHANGE TO READ:]

General routine use statements a, b, c,

d, e, f, g, h, j, and m listed in the

prefatory statement at the beginning of

the Postal Service’s published system

notices apply to this system. A copy of

PS Form 1093 may be furnished

pursuant to any of the general routine

uses. Other routine uses are as follows:

1. Subject to the exception noted

below, disclosure of boxholder

information may be made to a federal,

state, or local government agency upon

prior written certification that the

information is required for the

performance of its duties. A copy of PS

Form 1093 may be furnished.

2. Subject to the exception noted

below, the name or address of the

holder of a post office box may be

disclosed to a person empowered to

serve legal process, or the attorney for

a party in whose behalf service will be

made, or a party who is acting pro se,

on receipt of written information that

meets prescribed certification

requirements. A copy of the PS Form

1093 will not be furnished.

3. Subject to the exception noted

below, disclosure of boxholder

information may be made, on prior

written certification from a foreign

government agency citing the relevance

of the information to an indication of a

violation or potential violation of law

and its responsibility for investigating or

prosecuting such violation, and only if

the address is (a) outside the United

States and its territories, and (b) within

the territorial boundaries of the

requesting foreign government. A copy

of PS Form 1093 may be furnished.

Exception: Information concerning an

individual boxholder who has filed an

appropriate protective court order with

the postmaster will not be disclosed

under any routine use except pursuant

to the order of a court of competent

jurisdiction.

USPS 010.050

SYSTEM NAME:

Collection and Delivery Records—

Delivery of Mail Through Agents,

010.050.

* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:

Records contain the name, address,

and telephone number of the agent and

of the addressee, the signatures of both

parties, and copies of forms of

identification of the addressee.

* * * * *

PURPOSE(S):

[CHANGE TO READ:]

a. Serves as the written authority for

delivery of mail to the addressee’s agent.

b. Promotes security of the mail.

c. Protects postal customers from mail

fraud and identity theft.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

[CHANGE TO READ:]

General routine use statements a, b, c,

d, e, f, and g listed in the prefatory

statement at the beginning of the Postal

Service’s published system notices

apply to this system. Other routine uses

are as follows:

1. Information may be disclosed for

the purpose of identifying an address as

an address of an agent to whom mail is

delivered on behalf of other persons.

This routine use does not authorize the

disclosure of the identities of persons on

behalf of whom agents receive mail.

Exception: Information concerning an

individual who has filed an appropriate

protective court order with the

postmaster will not be disclosed under

any of the general routine uses except

32138 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Notices

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

2 17 CFR 240.19b–4.

3 17 CFR 240.15c3–1. Certain options market

makers are not subject to the net capital rule, see

17 CFR 240.15c3–1(b)(1)(i), and therefore are not

subject to proposed CBOE Rule 3.6A.

pursuant to the order of a court of

competent jurisdiction.

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–12780 Filed 5–19–00; 8:45 am]

BILLING CODE 7710–12–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–42780; File No. SR–CBOE–

00–17].

Self-Regulatory Organizations;

Proposed Rule Change by Chicago

Board Options Exchange, Incorporated

Relating to Designation of Financial/

Operations Principals

May 12, 2000.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’) 1 and Rule 19b–4 thereunder, 2

notice is hereby given that on April 11,

2000, the Chicago Board Options

Exchange, Incorporated (‘‘CBOE’’ or

‘‘Exchange’’) filed with the Securities

and Exchange Commission

(‘‘Commission’’) the proposed rule

change as described in Items I, II, and

III below, which Items have been

prepared by the CBOE. The Commission

is publishing this notice to solicit

comments on the proposed rule from

interested persons.

I. Self Regulatory Organization’s

Statement of the Terms of Substance of

the Proposed Rule

The CBOE proposes to require each

CBOE member subject to Commission

Rule 15c3–1 (the ‘‘net capital rule’’) to

designate a Financial/Operations

Principal (‘‘FINOP’’) and to register the

FINOP with the Exchange. Below is the

text of the proposed rule change.

Proposed new language is in italics;

proposed deletions are in brackets.

* * * * *

RULE 2.22—Other Fees or Charges

(a) No change.

(b) Registration Fees. Member

organizations (and individual members,

if applicable,) shall pay application,

maintenance and transfer registration

fees for their Series 7 qualified

Registered Representatives (‘‘RR’’) as

described in Rule 9.3, [and] their

Registered Options Principals (‘‘ROP’’)

as described in Rule 9.2 and their

Financial/Operations Principals

(‘‘FINOP’’) as described in rule 3.6A.

The fees are listed below:

(i) For each new RR, [or] ROP or

FINOP applicant—$35.00

(ii) For the maintenance of each RR,

[or] ROP or FINOP Registration–$30.00/

year[.]

(iii) For an RR or ROP who transfers

from another organization, or a FINOP

who transfers from another organization

and does not maintain any other FINOP

registrations—$30.00

* * * * *

Qualification and Registration of

Certain Associated Persons

RULE 3.6A. (a) Financial/Operations

Principal. Each individual member or

member organization subject to

Exchange Act Rule 15c3–1 shall

designate a Financial/Operations

Principal. The duties of a Financial/

Operations Principal shall include

taking appropriate actions to assure that

the member complies with applicable

financial and operational requirements

under the Rules and the Exchange Act,

including but not limited to those

requirements relating to the submission

of financial reports and the

maintenance of books and records. Each

Financial/Operations Principal is

required to have successfully completed

the Financial and Operations Principal

Examination (Series 27 Exam). Each

Financial/Operations Principal

designated by a member shall be

registered in that capacity with the

Exchange in a form and manner

prescribed by the Exchange. A

Financial/Operations Principal of a

member may be a full-time employee of

the member, or with the prior written

approval of the Exchange, may be a

part-time employee or independent

contractor of the member.

(b) Associated Person Statuses Under

Chapter IX. Associated person statuses

under Chapter IX (along with the

primary Exchange Rule concerning the

status) include: (i) Registered Options

Principal (Rule 9.2); (ii) Registered

Representative (Rule 9.3); (iii) Senior

Registered Options Principal (Rule 9.8);

and (iv) Compliance Registered Options

Principal (Rule 9.8).

. . . Interpretations and Policies:

.01 Each person in an associated

person status enumerated in paragraph

(a) or (b) of this Rule shall, in a form

and manner prescribed by the Exchange

(i) submit to the Exchange a Uniform

Application for Securities industry

Registration or Transfer (Form U–4) and

(ii) promptly submit to the Exchange

any required amendments to Form U–4.

.02 Any member that discharges or

terminates the employment or retention

of an associated person enumerated in

paragraph (a) or (b) of this Rule shall

comply with the termination filing

requirements set forth in Rule 9.3(b) and

Rule (9.3(c).

.03 Each person in an associated

person status enumerated in paragraph

(a) or (b) of this Rule is required to

satisfy the continuing educations

requirements set forth in Rule 9.3A.

II. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

In its filing with the Commission, the

CBOE included statements concerning

the purpose of and basis for the

proposed rule change and discussed any

comments it received on the proposed

rule change. The text of these statements

may be examined at the places specified

in Item IV below. The CBOE has

prepared summaries, set forth in

Sections A, B, and C below, of the most

significant aspects of such statements.

A. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

1. Purpose

The purpose of the proposed rule

change is to require each individual

member or member organization subject

to Exchange Act Rule 15c3–1, the net

capital rule,3 to designate a FINOP and

to register the FINOP with the

Exchange. The Exchange proposes to

include this requirement in proposed

new CBOE Rule 3.6A,‘‘Qualification and

Registration of Certain Associated

Persons.’’

Proposed Rule 3.6A provides that the

duties of a FINOP include taking

appropriate actions to ensure that the

member complies with applicable

financial and operational requirements

under the CBOE’s Rules and the Act,

including but not limited to

requirements relating to the submission

of financial reports and the maintenance

of books and records. Additionally, each

FINOP would be required to complete

successfully the Financial and

Operations Principal Examination

(Series 27 Exam). Each FINOP

designated by a member would also be

required to be registered in that capacity

with the Exchange in a form and

manner prescribed by the Exchange.

Proposed Rule 3.6A also provides that

a FINOP of a member could be a fulltime employee of the member or, with

the prior written approval of the