Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices 3501

are entitled to veterans’ preference.

Preference eligibles meeting basic

(minimum) qualifications will receive

an additional 5 or 10 points (depending

on their preference eligibility) which is

added to the minimum scores identified

above. Candidates will be placed in one

of three quality groups based on their

numerical score, including any veterans’

preference points: Basically Qualified

(score of 70 and above), Highly

Qualified (score of 80 and above), or

Superior (score of 90 and above). The

names of preference eligibles shall be

entered ahead of others having the same

numerical rating.

For engineering/scientific and

professional positions at the equivalent

of GS–9 and above, candidates will be

referred by quality groups in the order

of the numerical ratings, including any

veterans’ preference points. For all other

positions, i.e., other than engineering/

scientific and professional positions at

the equivalent of GS–9 and above,

preference eligibles with a compensable

service-connected disability of 10

percent or more who meet basic

(minimum) eligibility will be listed at

the top of the highest group certified.

In making their selections, selecting

officials should be provided with a

reasonable number of qualified

candidates from which to choose. All

candidates in the highest group will be

certified. If there is an insufficient

number of candidates in the highest

group, candidates in the next lower

group may then be certified. Should this

process not yield a sufficient number,

groups will be certified sequentially

until a selection is made or the qualified

pool is exhausted. When two or more

groups are certified, candidates will be

identified by quality group (i.e.,

Superior, Highly Qualified, Basically

Qualified) in the order of their

numerical scores. In making selections,

to pass over any preference eligible(s) in

order to select a nonpreference eligible

requires approval under current passover or objection procedures.

B. Distinguished Scholastic

Achievement Appointment

ARL further proposes to establish a

Distinguished Scholastic Achievement

Appointment using an alternative

examining process which provides the

authority to appoint undergraduates and

graduates through the doctoral level to

professional positions at the equivalent

of GS–7 through GS–11, and GS–12

positions.

At the undergraduate level,

candidates may be appointed to

positions at a pay level no greater than

the equivalent of GS–7, step 10,

provided that: they meet the minimum

standards for the position as published

in OPM’s operating manual,

‘‘Qualification Standards for General

Schedule Positions,’’ plus any selective

factors stated in the vacancy

announcement; the occupation has a

positive education requirement; and the

candidate has a cumulative grade point

average of 3.5 or better (on a 4.0 scale)

in those courses in those fields of study

that are specified in the Qualifications

Standards for the occupational series.

Appointments may also be made at

the equivalent of GS–9 through GS–12

on the basis of graduate education and/

or experience for those candidates with

a grade point average of 3.5 or better (on

a 4.0 scale) for graduate level courses in

the field of study required for the

occupation.

Veterans’ preference procedures will

apply when selecting candidates under

this authority. Preference eligibles who

meet the above criteria will be

considered ahead of nonpreference

eligibles. In making selections, to pass

over any preference eligible(s) to select

a nonpreference eligible requires

approval under current pass-over or

objection procedures. Priority must also

be given to displaced employees as may

be specified in OPM and DoD

regulations.

Distinguished Scholastic

Achievement Appointments will enable

the ARL to respond quickly to hiring

needs with eminently qualified

candidates possessing distinguished

scholastic achievements.

IV. Required Waivers to Law and

Regulations

Public Law 103–337 gave the DoD the

authority to experiment with several

personnel management innovations. In

addition to the authorities granted by

the law, the following are the waivers of

law and regulation that will be

necessary for amendment of the

demonstration project. Additional

waivers in the area of performance

management make explicit the intent of

the demonstration project regarding

OPM approval of the performance

appraisal system already contained in

the project plan.

A. Waivers to Title 5, U.S. Code

Section 3317(a), Competitive Service;

certification from registers (insofar as

‘‘rule of three’’ is eliminated under the

demonstration project).

Section 3318(a), Competitive Service;

selection from certificates (insofar as

‘‘rule of three’’ is eliminated under the

demonstration project).

Section 4304(b)(1) and (3), Inasmuch

as OPM approval of the final

demonstration project plan enumerated

in paragraph 1 of the SUPPLEMENTARY

INFORMATION, above, also constitutes

OPM approval of the performance

appraisal system contained in that plan.

B. Waivers to Title 5, Code of Federal

Regulations

Part 332.401 (b), Only to the extent

that for non-professional or nonscientific positions equivalent to GS–9

and above, preference eligibles with a

compensable service-connected

disability of 10 percent or more who

meet basic (minimum) qualification

requirements will be entered at the top

of the highest group certified without

the need for further assessment.

Part 332.402, ‘‘Rule of three’’ will not

be used in the demonstration project.

Part 332.404, Order of selection is not

limited to highest three eligibles.

Part 430.210, Inasmuch as OPM

approval of the final demonstration

project plan enumerated in paragraph 1

of the SUPPLEMENTARY INFORMATION,

above, also constitutes OPM approval of

the performance appraisal system

contained in that plan.

[FR Doc. 00–1341 Filed 1–20–00; 8:45 am]

BILLING CODE 6325–01–U

SECURITIES AND EXCHANGE

COMMISSION

Request Under Review by Office of

Management and Budget

Upon written request, copies available

from: Securities and Exchange Commission,

Office of Filings and Information Services,

Washington, D.C. 20549.

Extension:

Rule 12a–5, Form 26, SEC File No. 270–85,

OMB Control No. 3235–0079

Rule 12f–1, SEC File No. 270–139, OMB

Control No. 3235–0128

Rule 12f–3, SEC File No. 270–141, OMB

Control No. 3235–0249

Rule 15Ajensp;1, Forms X–15AJ–1 and X–

15AJ–2 SEC File No. 270–25, OMB

Control No. 3235–0044

Rule 15c2–1 SEC File No. 270–418, OMB

Control No. 3235–0485

Notice is hereby given that, pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission

(‘‘Commission’’) has submitted to the

Office of Management and Budget

requests for extension of the previously

approved collections of information

discussed below.

Rule 12a–5 of the Securities Exchange

Act of 1934 (the ‘‘Act’’) generally makes

it unlawful for any security to be traded

on a national securities exchange unless

such security is registered on the

exchange in accordance with the

3502 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices

1 In fact, some exchanges do not file any

notifications on Form 26 with the Commission in

a given year.

provisions of the Act and the rules and

regulations thereunder.

Rule 12a–5 under the Act and Form

26 were adopted by the Commission in

1936 and 1955, respectively, pursuant to

Sections 3(a)(12), 10(b), and 23(a) of the

Act. Subject to certain conditions, Rule

12a–5 affords a temporary exemption

(generally for up to 120 days) from the

registration requirements of Section

12(a) of the Act for a new security when

the holders of a security admitted to

trading on a national securities

exchange obtain the right (by operation

of law or otherwise) to acquire all or any

part of a class of another or substitute

security of the same or another issuer,

or an additional amount of the original

security. The purpose of the exemption

is to avoid an interruption of exchange

trading to afford time for the issuer of

the new security to list and register it,

or for the exchange to apply for unlisted

trading privileges.

Under paragraph (d) of Rule 12a–5,

after an exchange has taken action to

admit any security to trading pursuant

to the provisions of the Rule, the

exchange is required to file with the

Commission a notification on Form 26.

Form 26 provides the Commission with

certain information regarding a security

admitted to trading on an exchange

pursuant to Rule 12a–5, including: (1)

The name of the exchange, (2) the name

of the issuer, (3) a description of the

security, (4) the date(s) on which the

security was or will be admitted to

when-issued and/or regular trading, and

(5) a brief description of the transaction

pursuant to which the security was or

will be issued.

The Commission generally oversees

the national securities exchanges. This

mission requires that, under Section

12(a) of the Act specifically, the

Commission receive notification of any

securities that are permitted to trade on

an exchange pursuant to the temporary

exemption under Rule 12a–5. Without

the Rule and the Form, the Commission

would be unable fully to implement

these statutory responsibilities.

There are currently eight national

securities exchanges subject to Rule

12a–5. While approximately 40 Forms

26 are filed annually, the reporting

burdens are not typically spread evenly

among the exchanges.1 For purposes of

this analysis of burden, however, the

staff has assumed that each exchange

files an equal number (five) of Form 26

notifications. Each notification requires

approximately 20 minutes to complete.

Each respondent’s compliance burden,

then, in a given year would be

approximately 100 minutes (20

minutes/report × 5 reports = 100

minutes), which translates to just over

13 hours in the aggregate for all

respondents (8 respondents × 100

minutes/respondent = 800 minutes, or

131⁄3 hours).

Based on the most recent available

information, the Commission staff

estimates that the cost to respondents of

completing a notification on Form 26 is,

on average, $15 per response. The staff

estimates that the total annual related

reporting cost per respondent is $75 (5

responses/respondent × $15 cost/

response), for a total annual related cost

to all respondents of $600 ($75 cost/

respondent × 8 respondents).

Compliance with Rule 12a–5 is

required to obtain the benefit of the

temporary exemption from registration

offered by the Rule. There are no

recordkeeping requirements associated

with Rule 12a–5. Information received

in response to Rule 12a–5 shall not be

kept confidential; the information

collected is public information.

Rule 12f–1, originally adopted in 1934

pursuant to Sections 12(f) and 23(a) of

the Act and as modified in 1995, sets

forth the information which an

exchange must include in an

application to reinstate its ability to

extend unlisted trading privileges to any

security for which such unlisted trading

privileges have been suspended by the

Commission, pursuant to Section

12(f)(2)(A) of the Act. An application

must provide the name of the issuer, the

title of the security, the name of each

national securities exchange, if any, on

which the security is listed or admitted

to unlisted trading privileges, whether

transaction information concerning the

security is reported in the consolidated

transaction reporting system

contemplated by Rule 11Aa3–1 under

the Act, and any other pertinent

information Rule 12f–1 further requires

a national securities exchange seeking to

reinstate its ability to extend unlisted

trading privileges to a security to

indicate that it has provided a copy of

such application to the issuer of the

security, as well as to any other national

securities exchange on which the

security is listed or admitted to unlisted

trading privileges.

The information required by rule 12f–

1 enables the Commission to make the

necessary findings under the Act prior

to granting applications to reinstate

unlisted trading privileges. This

information is also made available to

members of the public who may wish to

comment upon the applications.

Without the Rule, the Commission

would be unable to fulfill these

statutory responsibilities.

There are currently eight national

securities exchanges subject to Rule

12f–1. The burden of complying with

Rule 12f–1 arises when a potential

respondent seeks to reinstate its ability

to extend unlisted trading privileges to

any security for which unlisted trading

privileges have been suspended by the

Commission, pursuant to Section

12(f)(2)(A) of the Act. The staff estimates

that each application would require

approximately one hour to complete.

Thus each potential respondent would

incur on average one burden hour in

complying with the Rule.

The Commission staff estimates that

there could be as many as eight

responses annually and that each

respondent’s related cost of compliance

with Rule 12f–1 would be $50, or, the

cost of one hour of professional work

needed to complete the application. The

total annual related reporting cost for all

potential respondents, therefore, is $400

(8 responses × $50/response).

Compliance with Rule 12f–1 is

mandatory. There are no recordkeeping

requirements associated with Rule 12f–

1. Information received in response to

Rule 12f–1 shall not be kept

confidential; the information collected

is public information.

Rule 12f–3, which was originally

adopted in 1934 pursuant to Sections

12(f) and 23(a) of the Act, prescribes the

information which must be included in

applications for and notices of

termination or suspension of unlisted

trading privileges for a security as

contemplated in Section 12(f)(4) of the

Act. An application must provide,

among other things, the name of the

applicant; a brief statement of the

applicant’s interest in the question of

termination of suspension of such

unlisted trading privileges; the title of

the security; the name of the issuer;

certain information regarding the size of

the class of security and its recent

trading history; and a statement

indicating that the applicant has

provided a copy of such application to

the exchange from which the

suspension or termination of unlisted

trading privileges are sought, and to any

other exchange on which the security is

listed or admitted to unlisted trading

privileges.

The information required to be

included in applications submitted

pursuant to Rule 12f–3, is intended to

provide the Commission with sufficient

information to make the necessary

findings under the Act to terminate or

suspend by order the unlisted trading

privileges granted a security on a

national securities exchange. Without

Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices 3503

2The records required by Rule 15c2–1 would be

available only to the examination of the

Commission staff, state securities authorities and

the Self-Regulatory Organizations (SRO’s). Subject

to the provisions of the Freedom of Information Act,

5 U.S.C. § 522, and the Commission’s rules

thereunder (17 CFR 200.80(b)(4)(iii)), the

Commission does not generally publish or make

available information contained in any reports,

summaries, analyses, letters, or memoranda arising

out of, in anticipation of, or in connection with an

examination or inspection of the books and records

of any person or any other investigation.

the Rule, the Commission would be

unable to fulfill these statutory

responsibilities.

The burden of complying with Rule

12f–3 arises when a potential

respondent, having a demonstrable bona

fide interest in the question of

termination or suspension of the

unlisted trading privileges of a security,

determines to seek such termination or

suspension. The staff estimates that

each such application to terminate or

suspend unlisted trading privileges

requires approximately one hour to

complete. Thus each potential

respondent would incur on average one

burden hour in complying with the

Rule.

The Commission staff estimates that

there could be as many as ten responses

annually and that each respondent’s

related cost of compliance with Rule

12f–3 would be $50, or, the cost of one

hour of professional work needed to

complete the application. The total

annual related reporting costs for all

potential respondents, therefore, is $500

(10 responses×50/response).

Compliance with the application

requirements of Rule 12f–3 is

mandatory, though the filing of such

applications is undertaken voluntarily.

There are no recordkeeping

requirements associated with Rule 12f–

3. Information received in response to

Rule 12f–1 shall not be kept

confidential; the information collected

is public information.

Rule 12Aj–1 implements the

requirements of Sections 15A, 17, and

19 of the Act by requiring every

association registered as, or applying for

registration as, a national securities

association or as an affiliated securities

association to keep its registration

statement up-to-date by making periodic

filings with the commission on Form X–

15AJ–1 and Form X–15AJ–2.

Rule 15Aj–1 requires a securities

association to promptly notify the

Commission after the discovery of any

inaccuracy in its registration statement

or in any amendment or supplement

thereto by filing an amendment to its

registration statement on Form X–15AJ–

1 correcting such inaccuracy. The Rule

also requires an association to promptly

notify the Commission of any change

which renders no longer accurate any

information contained or incorporated

in its registration statement or in any

amendment or supplement thereto by

filing a current supplement on Form X–

15AJ–1. Rule 15Aj–1 further requires an

association to file each year with the

Commission an annual consolidated

supplement on Form X–15AJ–2.

The information required by Rule

15Aj–1 and Form X–15AJ–1 and X–

15AJ–2 is intended to enable the

Commission to carry out its statutorily

mandated oversight functions and to

assure that registered securities

associations are in compliance with the

Act. This information is also made

available to members of the public.

Without the requirements imposed by

the Rule, the Commission would be

unable to fulfill its regulatory

responsibilities.

There is presently only one registered

securities association, which registered

in 1939, subject to the Rule. The

burdens associated with Rule 15Aj–1

requirements have been borne by only

one securities association since Rule

15Aj–1 was adopted. Furthermore, the

burdens associated with Rule 15Aj–1

vary depending on whether

amendments and current supplements

are filed on Form X–15AJ–1 in addition

to an annual consolidated supplement

filed on Form X–15AJ–2. The

Commission staff estimates the burden

in hours necessary to comply with the

Rule by filing an amendment or a

current supplement on Form X–15AJ–1

to be approximately one-half hour, with

a related cost of $11, per response. The

Commission staff estimates the burden

in hours necessary to comply with the

Rule by filing an annual consolidated

supplement on Form X–15AJ–2 to be

approximately three hours, with a

related cost of $90. Therefore, the

Commission staff estimates that the total

annual related reporting cost associated

with the Rule to be upwards of $90,

assuming a minimum filing of an annual

consolidated statement on Form X–

15AJ–2, with additional filings on Form

X–15AJ–1 correspondingly increasing

such reporting cost.

Compliance with Rule 15Aj–1 is

mandatory. Information received in

response to Rule 15Aj–1 shall not be

kept confidential; the information

collected is public information.

Rule 15c2–1 generally prohibits a

broker-dealer from using its customers’

securities as collateral to finance its own

transactions. Subject to certain

exceptions and exemptions, Rule 15c2–

1 prohibits a broker-dealer from: (1)

Commingling under the same lien

customer securities with other customer

securities, without the written consent

of each customer; (2) commingling

under the same lien customer securities

with non-customer securities (including

those of the broker-dealer) for a loan

made to the broker-dealer, and (3)

hypothecating customer securities for a

loan amount which exceeds all

customers’ aggregate indebtedness

relating to securities carried in their

accounts. Under Rule 15c2–1, a brokerdealer must collect information

necessary to prevent the

rehypothecation of customer securities

in contravention of the Rule, issue and

retain copies of notices to the pledgee of

hypothecation of customer securities in

accordance with the Rule, and collect

written consents from customers in

accordance with the Rule. The

collection of information required by

Rule 15c2–1 is necessary to ensure

compliance with the Rule, and to advice

customers of the Rule’s protections. In

addition, the collection of information is

necessary to execute the Commission’s

mandate under the Securities Exchange

of 1934 (‘‘Exchange Act’’) to prevent

fraudulent, manipulative, and deceptive

acts and practices by broker-dealers.

There are approximately 177

respondents (i.e., broker-dealers that

carry or clear customer accounts that

also have bank loans) that must comply

with the Rule. Each of these

approximately 177 respondents make an

estimated 45 annual responses, for an

aggregate total of 7,965 responses per

year. Each response takes approximately

0.5 hours to complete. Thus, the total

compliance burden per year is 3,983

burden hours. The approximate cost per

hour is $25 (based on an annual salary

of $52,000 for clerical labor), resulting

in a total compliance cost of $99,575

(3,983 hours @ $25 per hour).

Although Rule 15c2–1 does not

specify a retention period or record

keeping requirement under the Rule,

nevertheless broker-dealers are required

to preserve the records for a period no

less then six years pursuant to Rule

17a–4(c). The information required

under Rule 15c2–1 is necessary for

broker-dealers to hypothecate customer

securities in compliance with the Rule.

Rule 15c2–1 does not assure

confidentiality for the information

retained under the rule.2

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

Written comments regarding the

above information should be directed to

the following persons: (a) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

3504 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices

1 15 U.S.C. 78l(d).

2 17 CFR 240.12d2–2(d).

Regulatory Affairs, Office of

Management and Budget, Room 10102,

New Executive Office Building,

Washington, DC 20503; and (b) Michael

E. Bartell, Associated Executive

Director, Office of Information

Technology, Securities and Exchange

Commission, 450 Fifth Street, NW.,

Washington, DC 20549. Comments must

be submitted to Office of Management

and Budget within 30 days of this

notice.

Dated: January 11, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1479 Filed 1–20–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Submission for OMB Review;

Comment Request

Upon Written Request; Copies

Available From: Securities and

Exchange Commission, Office of

Filings and Information Services,

Washington, DC 20549

Extension:

Form F–9, SEC File No. 270–333, OMB

Control No. 3235–0377

Form F–10, SEC File No. 270–334, OMB

Control No. 3235–0380

Form 10, SEC File No. 270–51, OMB

Control No. 3235–0064

Notice is hereby given that, pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission

(‘‘Commission’’) has submitted to the

Office of Management and Budget

requests for approval of extensions on

the following:

Form F–9 is a Registration Statement

under the Securities Act of 1933

(Securities Act) used by certain

Canadian issuers to register certain

investment grade debt or investment

grade preferred securities that are

offered for cash or in connection with

an exchange offer and either non

convertible or not convertible for a

period of at least one year from the date

of issuance and, except as noted in

paragraph (e), are thereafter only

convertible into security of another class

of the issuer.

The information required by Form F–

9 is useful for persons considering

investment in securities issued by

Canadian companies. Form F–9 takes

approximately 25 hours to prepare and

is filed by 12 respondents. It is

estimated that 25% of the 300 hours (75

hours) would be prepared by the

company.

Form F–10 is a Registration Statement

used by Canadian ‘‘substantial issuers,’’

those issuers with at least thirty-six

calendar months of reporting history

with a securities commission in Canada

and a market value of common stock of

at least $360 million (Canadian) and an

aggregate market value of common stock

held by non-affiliates of at least $75

million (Canadian).

The information required under the

cover of Form F–10 can be used by

security holders and investors in

evaluating securities and making

investment decisions. Form F–10 takes

approximately 25 hours to prepare and

is filed by 45 respondents. It is

estimated that 25% of the 1,125 hours

(281) would be prepared by the

company.

Form 10 is used by the Commission

to register securities pursuant to

Sections 12(b) or 12(g) of the Securities

Exchange Act of 1934 (Exchange Act).

Form 10 requires financial and other

information about such matters as the

registrant’s business, properties, identity

and remuneration of management,

outstanding securities and securities to

be registered and financial condition.

The information provided by Form 10

is intended to ensure the adequacy of

information available to investors about

the company. form 10 takes

approximately 24 hours to prepare and

is filed by 124 respondents. It is

estimated that 25% of the 2,977 hours

(744 hours) would be prepared by the

company.

All information provided to the

Commission is available to the public

for review. Information provided by

both Form F–9 and Form F–10 is

mandatory. Information provided by

Form 10 is voluntary.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

General comments regarding the

above information should be directed to

the following persons: (i) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, New

Executive Office Building, Washington

DC 20503; and (ii) Michael E. Bartell,

Associate Executive Director, Office of

information Technology, Securities and

Exchange Commission, 450 Fifth Street,

N.W., Washington DC 20549. Comments

must be submitted to OMB within 30

days of this notice.

Dated: January 10, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1480 Filed 1–20–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Issuer Delisting; Notice of Application

to Withdraw From Listing and

Registration; (Enzo Biochem, Inc.,

Common Stock, Par Value $.01 per

Share) File No. 1–9974

January 13, 2000.

Enzo Biochem, Inc. (‘‘Company’’), has

filed an appliction with the Securities

and Exchange Commission

(‘‘Commission’’), pursuant to Section

12(d) of the Securities Exchange Act of

1934 (‘‘Act’’) 1 and Rule 12d2–2(d)

thereunder,2 to withdraw the security

specified above (‘‘Security’’) from listing

and registration on the American Stock

Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’).

The Security has been listed for

trading on the Amex and, pursuant to a

Registration Statement on Form 8–A

filed with the Commission which

became effective on December 8, 1999,

on the New York Stock Exchange, Inc.

(‘‘NYSE’’). Trading in the Security on

the NYSE commenced at the opening of

business on December 16, 1999.

The Company has complied with

Amex Rule 18 by filing with the

Exchange a certified copy of the

preambles and resolutions adopted by

the Company’s Board of Directors

authorizing the withdrawal of its

Security from listing and registration on

the Exchange and by setting forth in

detail to the Exchange the reasons for

such proposed withdrawal and the facts

in support thereof. The Amex has in

turn informed the Company that it does

not object to the proposed withdrawal of

the Company’s Security from listing and

registration on the Exchange.

In making the decision to withdraw

the Security from listing on the Amex in

conjunction with its new listing on the

NYSE, the Company has cited its desire

to avoid the direct and indirect costs, as

well as the division of the market for its

Security, which would arise from

maintaining simultaneous listings on

the Amex and the NYSE. The Company

believes that the NYSE listing will

provide better marketplace visibility for

its Security than the Amex did and

thereby enhance its value for

shareholders.