36880 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Notices

8 15 U.S.C. 78f(b)(5).

9 15 U.S.C. 78s(b)(3)(A).

10 17 CFR 240.19b–4(f)(6).

11For purposes only of accelerating the operative

date of this proposal, the Commission has

considered its impact on efficiency, competition,

and capital formation. 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12).

and the Chairmen of the Floor

Procedure Committee, the Options

Committee, and the Foreign Currency

Options Committee.

The Commission approved the

amendments to Exchange Rule 98 on a

pilot basis in order to allow the

Exchange to examine the operation of

the Committee to ensure that the

Committee is not dominated by any one

Exchange interest (e.g., On-Floor or OffFloor interests). The Commission

requested that the Exchange report back

to the Commission on its views as to

whether the Committee structure

ensures that all Exchange interests are

fairly represented by the Committee.

The Exchange has requested that the

pilot program be extended in order to

provide it more time to examine the

operation of the Committee and submit

the requested information to the

Commission.

2. Statutory Basis

The Exchange believes that the

proposed rule change, as amended, is

consistent with the provisions of

Section 6(b)(5) of the Act8 which

requires that the rules of an Exchange be

designed to perfect the mechanisms of

a free and open market and a national

market system, and to protect investors

and the public interest.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Exchange does not believe that

the proposed rule change, as amended,

will result in 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

The Exchange has neither solicited

nor received written comments on the

proposed rule change, as amended.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

The foregoing rule change has become

effective upon filing pursuant to Section

19(b)(3)(A)(iii) of the Act 9 and Rule

19b–4(f)(6) 10 thereunder because the

proposed rule change does not (i)

significantly affect the protection of

investors or the public interest; (ii)

impose any significant burden on

competition; and (iii) become operative

for 30 days after the date of filing, or

such shorter time as the Commission

may designate if consistent with the

protection of investors and the public

interest; provided the Exchange has

given the Commission written notice of

its intent to file the proposed rule

change, along with a brief description

and text of the proposed rule change, at

least five business days prior to the date

of filing of the proposed rule change, or

such shorter time as designated by the

Commission. At any time within 60

days of the filing of a rule change

pursuant to Section 19(b)(3)(A) of the

Act, the Commission may summarily

abrogate the 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.

The Commission finds that it is

appropriate to accelerate the effective

date of the proposed rule change and to

permit the proposed rule change to

become immediately effective because

the proposal simply extends a

previously approved pilot program for

an additional 120 days, or until August

21, 2000. By extending the pilot

program, the Commission will enable

the Committee to be in place and

operational in the event of any

extraordinary market conditions or

emergencies at the Exchange, and will

afford the Exchange the opportunity to

respond to the Commission’s request to

provide information on whether the

Committee is fairly representing all

interests of the Exchange.11

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

with the Commission’s Public Reference

Room. Copies of such filing will also be

available for inspection and copying at

the principal office of the Exchange. All

submissions should refer to the File No.

SR–Phlx–00–41 and should be

submitted by July 3, 2000.12

For the Commission, by the Division

of Market Regulation, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–14728 Filed 6–9–00; 8:45 am]

BILLING CODE 8010–01–M

UNITED STATES SENTENCING

COMMISSION

Sentencing Guidelines for United

States Courts

AGENCY: United States Sentencing

Commission.

ACTION: Notice of preliminary policy

priorities for amendment cycle ending

May 1, 2001. Request for comment.

SUMMARY: As part of its statutory

authority and responsibility to analyze

sentencing issues, including operation

of the federal sentencing guidelines, and

in accordance with Rule 5.2 of its Rules

of Practice and Procedure, the

Commission has preliminarily

identified and hereby proposes certain

priorities as the focus of its policy

development work, including possible

amendments to guidelines, policy

statements, and commentary, for the

amendment cycle ending May 1, 2001.

The Commission invites comment on

these proposed priority areas and on

any other sentencing issues that it

should address in the coming year.

DATES: Public comment should be

received by the Commission not later

than July 7, 2000.

ADDRESSES: Send comment to: United

States Sentencing Commission, One

Columbus Circle, NE, Suite 2–500,

South Lobby, Washington, DC 20002–

8002. Attn: Public Affairs.

FOR FURTHER INFORMATION CONTACT:

Michael Courlander, Public Affairs

Officer, Telephone: (202) 502–4590.

SUPPLEMENTARY INFORMATION: The

United States Sentencing Commission,

an independent commission in the

judicial branch of the United States

Government, is empowered by 28 U.S.C.

994(a) to promulgate sentencing

guidelines and policy statements for

federal courts. Section 994 also directs

the Commission to review and revise

periodically promulgated guidelines

Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Notices 36881

and authorizes it to submit guideline

amendments to the Congress not later

than the first day of May each year. See

18 U.S.C. 994(o), (p).

The Commission hereby gives notice

that, during the amendment cycle

ending May 1, 2001, it may consider

possible amendments to guidelines,

policy statements, and commentary,

relating to the following: (1) Certain

economic crimes, particularly fraud,

theft, and tax offenses; (2) money

laundering; (3) counterfeiting of bearer

obligations of the United States; (4)

further response to the Protection of

Children from Sexual Predators Act of

1998; (5) firearms; (6) nuclear, chemical,

and biological weapons, and related

national security issues; (7) the payment

to, or receipt by, federal employees of

unauthorized compensation, and related

offenses; (8) offenses implicating the

privacy interests of taxpayers; (9) the

resolution of a number of conflicts

among the circuit courts on sentencing

guideline issues; (10) the

implementation of any crime legislation

enacted during the second session of the

106th Congress requiring a Commission

response; and (11) any minor technical

or conforming amendments necessary

for proper operation of the sentencing

guideline system.

In addition to inviting comment on

any of the preliminary priority issues

proposed in this notice, the Commission

welcomes comment on any other issue

that interested persons believe the

Commission should address during the

amendment cycle ending May 1, 2001,

including short-and long-term research

issues. To the extent practicable,

comments submitted on additional

issues should include the following: (1)

A statement of the issue, including the

scope and manner of study, particular

problem areas and possible solutions,

and any other matters relevant to a

proposed priority; (2) citations to

applicable sentencing guidelines,

statutes, case law, and constitutional

provisions; and (3) a direct and concise

statement of why the Commission

should make the issue a priority.

Authority: 28 U.S.C. § 994(a), (o), (p);

USSC Rules of Practice and Procedure 5.2.

Diana E. Murphy,

Chair.

[FR Doc. 00–14781 Filed 6–9–00; 8:45 am]

BILLING CODE 2210–01–U

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information

Collection Activities; Comment

Request

AGENCY: Federal Railroad

Administration, DOT.

ACTION: Notice and Request for

Comments.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice

announces that the Information

Collection Requirement (ICR) abstracted

below has been forwarded to the Office

of Management and Budget (OMB) for

review and comment. The ICR describes

the nature of the information collection

and its expected burden. The Federal

Register notice with a 60-day comment

period soliciting comments on the

following collections of information was

published on February 9, 2000 (65 FR

6438).

DATES: Comments must be submitted on

or before July 12, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Brogan, Office of Planning and

Evaluation Division, RRS–21, Federal

Railroad Administration, 1120 Vermont

Ave., N.W., Mail Stop 17, Washington,

D.C. 20590 (telephone: (202) 493–6292),

or Dian Deal, Office of Information

Technology and Productivity

Improvement, RAD–20, Federal

Railroad Administration, 1120 Vermont

Ave., N.W., Mail Stop 35, Washington,

D.C. 20590 (telephone: (202) 493–6133).

(These telephone numbers are not tollfree.)

SUPPLEMENTARY INFORMATION: The

Paperwork Reduction Act of 1995

(PRA), Public Law 104–13, Section 2,

109 Stat. 163 (1995) (codified as revised

at 44 U.S.C. 3501–3520), and its

implementing regulations, 5 CFR Part

1320, require Federal agencies to issue

two notices seeking public comment on

information collection activities before

OMB may approve paperwork packages.

44 U.S.C. 3506, 3507; 5 CFR 1320.5,

1320.8(d)(1), 1320.12. On February 9,

2000, FRA published a 60-day notice in

the Federal Register soliciting comment

on ICRs that the agency was seeking

OMB approval. 65 FR 6438. FRA

received no comments in response to

this notice.

Before OMB decides whether to

approve these proposed collections of

information, it must provide 30 days for

public comment. 44 U.S.C. 3507(b); 5

CFR 1320.12(d). Federal law requires

OMB to approve or disapprove

paperwork packages between 30 and 60

days after the 30 day notice is

published. 44 U.S.C. 3507(b)–(c); 5 CFR

1320.12(d); see also 60 FR 44978, 44983,

Aug. 29, 1995. OMB believes that the 30

day notice informs the regulated

community to file relevant comments

and affords the agency adequate time to

digest public comments before it

renders a decision. 60 FR 44983, Aug.

29, 1995. Therefore respondents should

submit their respective comments to

OMB within 30 days of publication to

best ensure having their full effect. 5

CFR 1320.12(c); see also 60 FR 44983,

Aug. 29, 1995.

The summaries below describe the

nature of the information collection

requirements (ICRs) and the expected

burden. The revised requirements are

being submitted for clearance by OMB

as required by the PRA.

Title: Bridge Worker Safety Rules.

OMB Control Number: 2130–0535.

Type of Request: Extension of a

currently approved collection.

Affected Public: Businesses.

Form(s): N/A.

Abstract: Section 20139 of Title 49 of

the United States Code required FRA to

issue rules, regulations, orders, and

standards for the safety of maintenanceof-way employees on railroad bridges,

including for ‘‘bridge safety equipment’’

such as nets, walkways, handrails, and

safety lines, and requirements for the

use of vessels when work is performed

on bridges located over bodies of water.

FRA has added 49 CFR Part 214 to

establish minimum workplace safety

standards for railroad employees as they

apply to railroad bridges. Specifically,

section 214.15(c) establishes standards

and practices for safety net systems.

Safety nets and net installations are to

be drop-tested at the job site after initial

installation and before being used as a

fall-protection system, after major

repairs, and at six-month intervals if left

at one site. If a drop-test is not feasible

and is not performed, then a written

certification must be made by the

railroad or railroad contractor, or a

designated certified person, that the net

does comply with the safety standards

of this section. FRA and State inspectors

use the information to enforce Federal

regulations. The information that is

maintained at the job site promotes safe

bridge worker practices.

Annual Estimated Burden Hours: .2

hour.

Title: Two-way End-of-Train Devices.

OMB Control Number: 2130–0540.

Type of Request: Extension of a

currently approved collection.

Affected Public: Businesses.

Form(s): N/A.

Abstract: Section 20141 of the United

States Code amended the Federal