57420 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices

3The Exchange’s proprietary indices currently

include: Computer Box Maker Index (BMX), Phlx

Oil Service Index (OSX), Gold-Silver Index (XAU),

National Over-the-Counter Index (XOC), Phlx Forest

and Paper Products Sector Index (FPP), Over-theCounter Prime Index (OTC), Utility Index (UTY),

Semiconductor Index (SOX), TheStreet.com

Internet Sector Index (DOT) and Wireless Telecom

Sector Index (YLS).

4See Amex Rule 902C.

5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12).

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

Phlx 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 Phlx 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 expand the limitation of the

Exchange’s liability in connection with

its administration of Phlx proprietary

indices. The Exchange currently lists

and trades options on a number of

proprietary indices, and new indices

continue to be developed from time to

time.3 There is a great deal of work

involved in the daily calculation and

dissemination of these indices. While

much of such work is automated,

manual input is still required. Thus, the

potential for human error exists which

exposes the Exchange to a risk of

liability. Potential human errors include

inputting a symbol or index value

incorrectly or missing a corporate action

that has an effect on the index.

Currently Phlx Rule 1102A disclaims

Exchange liability for damages caused

by errors, omissions or delays in the

calculation or dissemination of any

index value resulting from any conduct

beyond the reasonable control of the

Exchange. This includes an act of God,

a power failure, or any error, omission

or delay in the reported price of the

underlying security. However, these

disclaimer provisions are arguably

ambiguous with respect to whether the

Exchange remains potentially liable for

damages caused by any human error or

omission by an Exchange employee in

connection with the performance of the

Exchange’s index responsibilities. The

proposed amendment to Phlx Rule

1102A would make clear that the

Exchange disclaims liability for

negligent conduct, in addition to

conduct beyond the Exchange’s

reasonable control, currently covered by

Phlx Rule 1102A. Other exchanges,

including the American Stock Exchange

(‘‘Amex’’),4 disclaim liability for

negligent conduct in connection with

their index operations. Further, the

Exchange acknowledges that Phlx Rule

1102A cannot be relied upon by the

Exchange to limit its liability to nonmembers or for any intentional or

negligent violation of federal securities

laws.

2. Statutory Basis

For these reasons, the proposed rule

change is consistent with Section 8 of

the Act in general, and with section

6(b)(5) 5 of the Act specifically, in that

it is designed to perfect the mechanisms

of a free and open market and a national

market system, to promote just and

equitable principles of trade, and to

protect investors and the public interest,

by defining the scope of the Exchange’s

liability, thereby, putting investors on

notice that the Exchange is not liable for

negligent conduct in connection with its

administration of Phlx proprietary

indices, in addition to conduct beyond

the Exchange’s reasonable control,

currently covered by Rule 1102A.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Phlx does not believe that the

proposed rule change will impose any

burden on competition.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

No written comments were solicited

or received with respect to 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 self-regulatory

organization consists, 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

The Commission invites interested

persons 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 in

the Commission’s Public Reference

Room. Copies of such filing will also be

available for inspection and copying at

the principal office of the Phlx. All

submissions should refer to File No.

SR–Phlx–00–74 and should be

submitted by October 13, 2000.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.6

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–24352 Filed 9–21–00; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Ticket to Work and Work Incentives

Advisory Panel Meeting

AGENCY: Social Security Administration

(SSA).

ACTION: Notice of meeting cancellation.

DATES: September 26–27, 9 a.m.–5 p.m.

ADDRESSES: Embassy Suites Hotel, 1900

Diagonal Road, Alexandria VA 22314,

703–684–5900.

SUPPLEMENTARY INFORMATION: Meeting

Cancelled: In accordance with section

10(a)(2) of the Federal Advisory

Committee Act, SSA announced a

meeting of the Ticket to Work and Work

Incentives Advisory Panel (the Panel).

The Ticket to Work and Work

Incentives Improvement Act of 1999

(TWWIIA), Public Law 106–170,

establishes the Panel to advise the

Commissioner of Social Security, the

President and the Congress on issues

related to work incentives programs,

planning and assistance for individuals

Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices 57421

with disabilities as provided under

section 101(f)(2)(A) of TWWIIA.

The meeting of the Panel scheduled

for September 26–27, 2000 in

Alexandria, Virginia is cancelled. Please

disregard the notice and agenda

published in the Federal Register on

September 12, 2000.

The Panel will reschedule a public

meeting pending the publication of the

Notice of Proposed Rulemaking (NPRM)

to implement TWWIIA. Public comment

will be taken on the NPRM at a future

meeting that will be announced in the

Federal Register. For updates on these

and other related meetings, check the

web site of SSA’s Office of Employment

Support Programs at http://

www.ssa.gov/work/ResourcesToolkit/

resourcestoolkit.html for future

scheduling of the Panel’s public

meetings.

Dated: September 19, 2000.

Susan M. Daniels,

Deputy Commissioner for Disability and

Income Security Programs.

[FR Doc. 00–24536 Filed 9–21–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG 2000–7933]

Collection of Information Under

Review by Office of Management and

Budget (OMB): OMB Control Numbers

2115–0571, 2115–0552, 2115–0565,

2115–0589, and 2115–0613

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995, the

Coast Guard intends to seek the

approval of OMB for the renewal of five

Information Collection Requests (ICRs).

They comprise: (1) Alternative

Provisions for Reinspection of Offshore

Supply Vessels in Foreign Ports, (2)

Waterfront Facilities Handling Liquefied

Natural Gas and Liquefied Hazardous

Gas, (3) Working Freeboard of Hopper

Dredges—Load Lines and Stability, (4)

Plan Approval and Records for

Subdivision and Stability, and (5)

Discharge of Refuse from Ships. Before

submitting the ICRs to OMB, the Coast

Guard is requesting comments on the

collections, described below.

DATES: Comments must reach the Coast

Guard on or before November 21, 2000.

ADDRESSES: You may mail comments to

the Docket Management System (DMS)

[USCG 2000–7933], U.S. Department of

Transportation (DOT), room PL–401,

400 Seventh Street SW., Washington,

DC 20590–0001, or deliver them to room

PL–401, located on the Plaza Level of

the Nassif Building at the same address

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

The DMS maintains the public docket

for this request. Comments will become

part of this docket and will be available

for inspection or copying in room PL–

401, located on the Plaza Level of the

Nassif Building at the above address

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also access this docket on the

Internet at http://dms.dot.gov.

Copies of the complete ICRs are

available through this docket on the

Internet at http://dms.dot.gov and also

from Commandant (G–CIM–2), U.S.

Coast Guard Headquarters, room 6106

(Attn: Barbara Davis), 2100 Second

Street SW., Washington, DC 20593–

0001. The telephone number is 202–

267–2326.

FOR FURTHER INFORMATION CONTACT:

Barbara Davis, Office of Information

Management, 202–267–2326, for

questions on this document; Dorothy

Walker, Chief, Documentary Services

Division, U.S. Department of

Transportation, 202–366–9330, for

questions on the docket.

Request for Comments

The Coast Guard encourages

interested persons to submit written

comments. Persons submitting

comments should include their names

and addresses, identify this document

[USCG 2000–7933], and give the reason

for the comments. Please submit all

comments and attachments in an

unbound format no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Information Collection Request

1. Title: Alternative Provisions for

Reinspection of Offshore Supply Vessels

in Foreign Ports.

OMB Control Number: 2115–0571.

Summary: This collection of

information provides a mechanism for

owners and operators of offshore supply

vessels (OSVs) based overseas to submit

certified examination reports and

statements to the Coast Guard as

alternatives to reinspection by the Coast

Guard.

Need: 46 U.S.C. 3307 and 3308

require vessels subject to inspection to

be examined on a periodic basis. The

requirements for inspections of OSVs

appear in 46 CFR Part 126.

Respondents: Owners and operators

of vessels.

Frequency: On occasion.

Burden: The estimated burden is 143

hours a year.

2. Title: Waterfront Facilities

Handling Liquefied Natural Gas and

Liquefied Hazardous Gas.

OMB Control Number: 2115–0552.

Summary: Liquefied Natural Gas

(LNG) and other Liquefied Hazardous

Gases (LHGs) present a risk to the public

when handled at waterfront facilities.

These rules should either prevent

accidental releases at waterfront

facilities or mitigate their results. They

are necessary to promote and verify

compliance with safety standards.

Need: 33 CFR Part 127 prescribes

safety standards for design,

construction, equipment, operations,

maintenance, personnel training, and

fire protection at waterfront facilities

handling LNG or LHG.

Respondents: Owners and operators

of waterfront facilities that transfer LNG

or LHG.

Frequency: On occasion.

Burden: The estimated burden is

3,272 hours a year.

3. Title: Working Freeboard of Hopper

Dredges—Load Lines and Stability.

OMB Control Number: 2115–0565.

Summary: This collection of

information provides a mechanism for

owners and operators of self-propelled

hopper dredges to request working

freeboards.

Need: 46 U.S.C. 3306 authorizes the

U.S. Coast Guard to prescribe rules for

the safety of navigation and vessels.

These rules ensure that self-propelled

hopper dredges meet certain standards

for structure and stability.

Respondents: Owners and operators

of self-propelled hopper dredges.

Frequency: On occasion.

Burden: The estimated burden is 46

hours a year.

4. Title: Plan Approval and Records

for Subdivision and Stability.

OMB Control Number: 2115–0589.

Summary: This collection of

information requires owners, operators,

or masters of certain inspected vessels

to obtain or post various documents as

part of the program of the Coast Guard

for the safety of commercial vessels.

Need: 46 U.S.C. 3306 authorizes the

Coast Guard to prescribe rules for the

safety of certain vessels. 46 CFR

Subchapter S contains the rules

regarding subdivision and stability.

Respondents: Owners, operators, and

masters, of vessels.

Frequency: On occasion.

Burden: The estimated burden is

10,003 hours a year.