35694 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

10See Amendment No. 2, supra note 4.

11 15 U.S.C. 78o–3(b)(6).

12 15 U.S.C. 78k–1.

13 15 U.S.C. 78o–3(b)(6).

14 15 U.S.C. 78k–1(a)(1)(C).

15 15 U.S.C. 78o–3(b)(6).

16 15 U.S.C. 78k–1(a)(1)(C). 17 17 CFR 200.30–3(a)(12).

pricing information for approximately

73.8% of the total fund population.10

In light of the foregoing, Nasdaq

proposes to amend the MFQS inclusion

criteria for both the Supplemental and

News Media List by expanding the

universe of funds that are eligible for

inclusion in the Service. Nasdaq

proposes to lower both the initial and

maintenance requirements for closedend funds to participate in the News

Media List. Currently, in order to

qualify initially for inclusion in the

News Media List, a closed-end fund

must have at least $100 million in net

assets. To remain in the News Media

List, a closed-end fund must maintain at

least $60 million in net assets. The

proposed rule change would lower the

net asset requirement for a closed-end

fund to qualify initially for inclusion in

the News Media List to at least $60

million in net assets. The net asset

requirement for a closed-end fund to

remain included in the New Media List

would be lowered to at least $30

million.

Nasdaq also proposes to amend the

inclusion criteria for the Supplemental

List. At the present time, an open-end or

closed-end fund qualifies for inclusion

in the Supplemental List if the fund

either has at least $10 million in net

assets or has had two full years of

operation. Nasdaq proposes to provide a

third alternative means for a fund to be

included in the Service. Under this

alternative, a fund would qualify for the

MFQS if the investment firm that

manages the fund has at least one other

fund listed on MFQS that has $10

million in assets. In addition, the firm

must have at least $15 million from

open-end, closed-end, and/or money

market funds under management.

Nasdaq notes that managed assets from

other sources—such as pension funds—

would not be included for purposes of

determining whether the investment

firm meets the requirement that it

manage at least $15 million in fundrelated assets.

Nasdaq represents that the proposed

rule change would provide daily pricing

information to the investing public for

funds that have a significant investor

interest. In addition, Nasdaq estimates

that 2,500 of the 2,800 funds that are not

currently eligible for inclusion in the

MFQS would qualify under the

proposed new standards.

2. Statutory Basis

Nasdaq believes that the proposed

rule change is consistent with the

provisions of Section 15A(b)(6)11 and

Section 11A 12 of the Act. Section

15A(b)(6) 13 of the Act requires the rules

of a registered national securities

association to foster cooperation and

coordination with persons engaged in

processing information with respect to

securities, to remove impediments to

and perfect the mechanism of a free and

open market and a national market

system, and, in general, to protect

investors and the public interest. In

Section 11A(a)(1)(C), 14 the Congress

found that it is in the public interest and

appropriate for the protection of

investors and the maintenance of fair

and orderly markets to assure the

availability to brokers, dealers, and

investors of information with respect to

quotations and transactions in

securities.

Nasdaq believes that the proposed

rule change is consistent with the

provisions of Sections 15A(b)(6)15 and

11A(a)(1)(C) 16 of the Act because it

protects investors and the public

interest by promoting better processing

of fund pricing information. Nasdaq

represents that the proposed new listing

criteria will provide greater

transparency to the markets by

providing pricing information for a

broader base of funds for which there is

significant investor interest. Nasdaq

believes that by providing listed status

only to bona fide investment companies

with a sufficient investor base and

trading interest, the proposed new

listing standards will serve as a means

for the marketplace to screen issuers

and maintain fair and orderly markets.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

Nasdaq does not believe that the

proposed rule change will impose any

burden on competition that is not

necessary or appropriate in furtherance

of the purposes of the Act.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

Nasdaq did not solicit or receive

written comments on the proposed rule

change.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Within 35 days of the date of

publication of this notice in the Federal

Register or within such longer period (i)

as the Commission may designate up to

90 days of such date if it finds such

longer period to be appropriate and

publishes its reasons for so finding or

(ii) as to which the Exchange consents,

the Commission will:

(A) by order approve such proposed

rule change, or

(B) institute proceedings to determine

whether the proposed rule change

should be disapproved.

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, NW.,

Washington, DC 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 at

the Commission’s Public Reference

Room. Copies of such filing will also be

available for inspection and copying at

the principal office of the NASD. All

submissions should refer to File No.

SR–NASD–00–16 and should be

submitted by June 26, 2000.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.17

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–13957 Filed 6–2–00; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF STATE

[Public Notice No. 3331]

Office of Mexican Affairs; Notice of

Receipt of Application for a

Presidential Permit for a Conveyor Belt

To Be Constructed and Maintained on

the Borders of the United States

AGENCY: Department of State.

Notice is hereby given that the

Department of State has received an

application from Aggregate Products,

Incorporated of Salton Sea Beach,

California, for a Presidential Permit,

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35695

1WSOR states in its notice that it has executed

an asset purchase agreement with CPR to acquire

the above-described rail lines.

2See Wisconsin & Southern Railroad Co.—Lease

and Operation Exemption—Soo Line Railroad

Company, d/b/a CP Rail System, Finance Docket

No. 32706 (ICC served July 14, 1995).

pursuant to Executive Order 11423 of

August 16, 1968, as amended by

Executive Order 12847 of May 17, 1993,

seeking authorization to construct a

conveyor belt at a site east of the

Calexico/Mexicali II Port of Entry

linking California and Baja California.

The proposed conveyor belt would carry

construction aggregate (size-segregated

rock and sand) for use in road-paving

projects in California. The conveyor belt

would be approximately 1,081 feet long

and ten feet wide, supported by between

13 and 15 pylons fixed in place. The

conveyor belt would only be able to

operate in a northerly direction, from

Mexico to the U.S. When not in use, it

would be stowed and locked entirely on

the U.S. side of the border.

As required by E.O. 11423, the

Department of State is circulating this

application to concerned agencies for

comment.

Interested parties may submit

comments regarding this application in

writing by July 5, 2000 to Mr. David E.

Randolph, Coordinator, U.S.-Mexico

Border Affairs, Office of Mexican

Affairs, WHA/MEX Room 4258,

Department of State, Washington, DC

20520. The application and related

documents made part of the record to be

considered by the Department of State

in connection with this application are

available for inspection in the Office of

Mexican Affairs during normal business

hours.

FOR FURTHER INFORMATION CONTACT:

David E. Randolph, Coordinator, U.S.-

Mexico Border Affairs at the above

address, by telephone at (202) 647–8529

or by fax at (202) 647–5752.

Dated: May 30, 2000.

David E. Randolph,

Coordinator, U.S.-Mexico Border Affairs,

Department of State.

[FR Doc. 00–14004 Filed 6–2–00; 8:45 am]

BILLING CODE 4710–29–P

SUSQUEHANNA RIVER BASIN

COMMISSION

Notice of Compliance Incentive

Program for SRBC Regulations

A. Purpose

The Susquehanna River Basin

Commission (SRBC) approved

Resolution 2000–03 on April 18, 2000

establishing a ‘‘Compliance Incentive

Program’’ to encourage existing,

unapproved water users to come into

compliance with SRBC’s water

withdrawal and consumptive water use

regulations. During the compliance

incentive period, SRBC will not assess

penalties provided that applications are

submitted by specified deadlines and

the noncompliance has not: (1)

Adversely affected the environment; or

(2) interfered with other water users.

Because penalties are being waived, the

need for settlements is likewise avoided

(including those involving payments for

prior consumptive water use). SRBC’s

objective is to have all water users in the

basin compliant with SRBC’s water

management regulations. Universal

compliance serves to enhance SRBC’s

ability to properly plan for and manage

the basin’s water resources.

B. SRBC’s Existing Regulations Subject

to Compliance Incentive Program

• 18 CFR 803.42—Consumptive Use

of Water (This Requirement is not

applicable to Agriculture)—more than

20,000 gallons per day (gpd) (averaged

over 30 consecutive days) from any

ground or surface water sources as of

January 23, 1971. This regulation does

not apply to projects that existed before

January 23, 1971, UNLESS they

increased their consumptive water use

by more than 20,000 gpd after that date.

Consumptive use of water is use in such

a manner that the water does not return

to the river basin; e.g. evaporation,

incorporation into a product, diversion

into another river basin.

• 18 CFR 803.43—Ground-Water

Withdrawals—more than 100,000 gpd

(averaged over 30 consecutive days) as

of July 13, 1978. This regulation does

not apply to projects that existed before

July 13, 1978, UNLESS they increased

their ground-water withdrawals by more

than 100,000 gpd after that date.

• 18 CFR 803.44—Surface Water

Withdrawals—more than 100,000 gpd

(averaged over 30 consecutive days) as

of November 11, 1995. This regulation

does not apply to projects that existed

before November 11, 1995 UNLESS they

increased their ground-water

withdrawals by more than 100,000 gpd

after that date.

C. Eligible Applicants

To be eligible, unapproved water

users must submit their water

withdrawal and/or consumptive use

applications by JUNE 30, 2001 (except

for previously notified golf courses that

are subject to alternate deadlines).

During the eligibility period, the SRBC

will not assess penalties. As noted

above, because penalties are being

waived, the need for settlements is

likewise avoided (including those

involving payments for prior

consumptive water use).

The approved method of compliance

for consumptive use will be effective

January 1, 2001, regardless of when

SRBC acts on the applications.

Application fees are not waived during

this compliance incentive period.

D. Where to Obtain Additional

Information

To obtain more information, contact

the Susquehanna River Basin

Commission, 1721 N. Front Street,

Harrisburg, PA 17102–2391; Phone:

717–238–0423, fax: 717–238–2436. We

also encourage you to visit our website

at http://www.srbc.net where the text of

Resolution 2000–03 and SRBC’s

regulations and application forms are

available. You may also e-mail us at

srbc@srbc.net.

Dated: May 18, 2000.

Paul O. Swartz,

Executive Director.

[FR Doc. 00–14020 Filed 6–2–00; 8:45 am]

BILLING CODE 7040–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33801]

Wisconsin & Southern Railroad

Company—Acquisition Exemption—

Lines of Soo Line Railroad Company

d/b/a Canadian Pacific Railway

Wisconsin & Southern Railroad

Company (WSOR), a Class III rail

common carrier, has filed a notice of

exemption under 49 CFR 1150.41 to

acquire and operate approximately 6.73

miles of a series of short rail lines in

North Milwaukee, WI, known as the

Gibson Line or the Gibson Spur, owned

by Soo Line Railroad Company d/b/a

Canadian Pacific Railway (CPR),1 which

it currently leases and operates from

CPR.2

The lines to be acquired are as

follows: (1) The Horicon Line, from

Point A at milepost 93.72, the division

of ownership with the State of

Wisconsin, to Point B at milepost 93.20

in the vicinity of Glendale Yard; (2) the

Canco Line, from Point B at milepost

93.20 extending in a northerly direction

to Point C at milepost 95.18, the

division of ownership with the

Wisconsin Central Limited; (3) the Nut

Line, from Point B at milepost 93.20

extending in a southeasterly direction to

Point E at milepost 96.76; and (4) the

Cement Line, an industry spur

extending from switch with the Nut