Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Notices 26911

3 17 CFR 200.30–3(a)(27).

access fees. The actual fees currently in

effect, however, are not changed.

Prior to this amendment, the

participants, under each plan, imposed

on subscribers, vendors, computer input

users and others one combined high

speed line access fee for access to both

Network A and Network B market data.

These amendments will change the

current fee structure and replace it with

a more appropriate and equitable

measure that reflects each network’s

relative usage of the plans’ systems.

Additionally, these amendments will

eliminate the current requirements to:

(a) Set high speed line access fees at

levels that allow the participants to

recover the operating expenses that the

Processor incurs in making the high

speed line available, and (b) set indirect

high speed line access fees at a level

that equals one-half of the direct access

fees. Those requirements were

established over twenty years ago.

Today’s digital data feed and other

technologies make high speed lines

cheaper and easier to access

necessitating a change in the manner in

which the participants determine high

speed line access fees. The actual fees,

however, will not be amended at this

time.

III. Discussion

The Commission has determined that

the CTA/CQ Plan amendments are

consistent with the Act. Rule 11Aa3–

2(c)(2) under the Act provides, inter

alia, that the Commission approve an

amendment to an effective National

Market System plan if it finds that the

amendment is necessary or appropriate

in the public interest, for the protection

of investors and maintenance of fair and

orderly markets, to remove impediments

to and perfect the mechanisms of a

National Market System, or otherwise in

furtherance of the purposes of the Act.

In making such a determination, the

Commission must examine Section 11A

of the Act and Rule 11Aa3–2(b)(5),

promulgated thereunder. Rule 11Aa3–

2(b)(5)(ii) provides that every national

market system plan, or any amendment

thereto, shall provide a description of

the method by which any fees or

charges collected on behalf of all of the

participants in connection with access

to, or use of, any facility contemplated

by the plan or amendment will be

determined and imposed (including any

provision for distribution of any net

proceeds from such fees or charges to

the participants) and the amount of such

fees or charges.

The CTA and CQ Plan Participants

have properly described the

determination, imposition and

distribution of the fees and charges that

are the subject of the proposed

amendments. Furthermore, the

amendments will remove impediments

to and perfect the mechanisms of a

National Market System by instituting a

more equitable line access fee that

reflects actual usage, and by removing

certain requirements concerning the

calculation of line access fees that are

no longer appropriate in light of

technological advances. Accordingly,

the Commission finds that the adoption

of the delineated changes for allocating

high speed line access fees for both

Plans, and the elimination of the above

discussed requirements concerning the

recovery of costs for making high speed

line available, to be consistent with the

Act and the Rules thereunder.

IV. Conclusion

For the reasons discussed above, the

Commission finds that the proposed

amendments to the CTA and CQ Plans

are consistent with the Act, particularly

Rules 11Aa3–2(c)(2) and 11Aa3–

2(b)(5)(ii) thereunder.

It is therefore ordered, pursuant to

Section 11A of the Act, that the

amendments to the CTA and CQ Plans

be, and hereby are, approved.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.3

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–12311 Filed 5–18–95; 8:45 am]

BILLING CODE 8010–01–M

[Release No. 35–26290]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

May 12, 1995.

Notice is hereby given that the

following filing(s) has/have been made

with the Commission pursuant to

provisions of the Act and rules

promulgated thereunder. All interested

persons are referred to the application(s)

and/or declaration(s) for complete

statements of the proposed

transaction(s) summarized below. The

application(s) and/or declaration(s) and

any amendments thereto is/are available

for public inspection through the

Commission’s Office of Public

Reference.

Interested persons wishing to

comment or request a hearing on the

application(s) and/or declaration(s)

should submit their views in writing by

June 5, 1995 to the Secretary, Securities

and Exchange Commission,

Washington, DC 20549, and serve a

copy on the relevant applicant(s) and/or

declarant(s) at the address(es) specified

below. Proof of service (by affidavit or,

in case of an attorney at law, by

certificate) should be filed with the

request. Any request for hearing shall

identify specifically the issues of fact or

law that are disputed. A person who so

requests will be notified of any hearing,

if ordered, and will receive a copy of

any notice or order issued in the matter.

After said date, the application(s) and/

or declaration(s), as filed or as amended,

may be granted and/or permitted to

become effective.

CINergy Corp. et al. (70–8587)

CINergy Corp. (‘‘CINergy’’), 139 East

Fourth Street, Cincinnati, Ohio 45202, a

registered holding company, and certain

of its subsidiaries, including CG&E

Resource Marketing, Inc. (‘‘Resource

Marketing’’), 139 East Fourth Street,

Cincinnati, Ohio 45202, filed an

application-declaration under sections

2(a)(8), 6, 7, 9(a), 10, 12(b), 12(f) and 13

of the Public Utility Holding Company

Act of 1935, as amended (‘‘Act’’), and

rules 40, 43, 45, 53, 54, and 80–95

thereunder. The Commission issued a

notice of the filing on April 14, 1995

(HCAR No. 26273).

Resource Marketing holds a one-third

general partnership interest in U.S.

Energy Partners, a gas marketing

partnership with Public Service Electric

& Gas Company. CINergy states that it

does not ‘‘control’’ U.S. Energy Partners

or possess a ‘‘controlling influence’’

over its management or policies. In

addition to the matters discussed in the

notice referred to above, CINergy also

seeks in this filing an order of the

Commission declaring that U.S. Energy

Partners is not a ‘‘subsidiary company’’

of CINergy within the meaning of

section 2(a)(8) of the Act.

For the Commission, by the Division of

Investment Management, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–12314 Filed 5–18–95; 8:45 am]

BILLING CODE 8010–01–M

[Investment Company Act Release No.

21065; 811–7300]

Third Avenue Series Funds, Inc.;

Notice of Application

May 12, 1995.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’).

ACTION: Notice of Application for

Deregistration under the Investment

Company Act of 1940 (the ‘‘Act’’).

APPLICANT: Third Avenue Series Funds,

Inc.
26912 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Notices

RELEVANT ACT SECTION: Section 8(f).

SUMMARY OF APPLICATION: Applicant

requests an order declaring it has ceased

to be an investment company.

FILING DATE: The application was filed

on March 10, 1995, and an amendment

thereto on May 5, 1995.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the SEC orders a hearing.

Interested persons may request a

hearing by writing to the SEC’s

Secretary and serving applicant with a

copy of the request, personally or by

mail. Hearing requests should be

received by the SEC by 5:30 p.m. on

June 6, 1995, and should be

accompanied by proof of service on the

applicant, in the form of an affidavit or,

for lawyers, a certificate of service.

Hearing requests should state the nature

of the writer’s interest, the reason for the

request, and the issues contested.

Persons may request notification of a

hearing by writing to the SEC’s

Secretary.

ADDRESSES: Secretary, SEC, 450 Fifth

Street, NW., Washington, DC 20549.

Applicants, 767 Third Avenue, New

York, New York 10017–2023.

FOR FURTHER INFORMATION CONTACT:

Diane L. Titus, Paralegal Specialist, at

(202) 942–0584, or Robert A. Robertson,

Branch Chief, at (202) 942–0564

(Division of Investment Management,

Office of Investment Company

Regulation).

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee from the SEC’s

Public Reference Branch.

Applicant’s Representations

1. Applicant is an open-end,

diversified management investment

company, organized as a corporation

under the laws of Maryland. On

December 11, 1992, applicant registered

under the Act and filed a registration

statement under the Securities Act of

1933. Applicant’s initial registration

statement was not declared effective and

applicant did not proceed with the

registration statement.

2. Applicant has no assets, liabilities,

or shareholders.

3. Applicant has fewer than one

hundred persons who are beneficial

owners of its shares and is not making

and does not presently propose to make

an initial public offering of its

securities.

4. Applicant is not a party to any

litigation or administrative proceeding.

Applicant is not now engaged, nor does

it propose to engage, in any business

activities other than those necessary for

the winding-up of its affairs. After the

SEC issues an order declaring that

applicant has ceased to be an

investment company, applicant intends

to file Articles of Dissolution with the

Maryland Department of Assessments

and Taxation in Baltimore, Maryland.

For the SEC, by the Division of Investment

Management, under delegated Authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–12315 Filed 5–18–95; 8:45 am]

BILLING CODE 8010–01–M

[Investment Company Act Release No.

21064; 811–5692]

Value Line U.S. Government Securities

Money Market Fund; Notice of

Application

May 12, 1995.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’).

ACTION: Notice of Application for

Deregistration under the Investment

Company Act of 1940 (the ‘‘Act’’).

APPLICANT: Value Line U.S. Government

Securities Money Market Fund.

RELEVANT ACT SECTION: Section 8(f).

SUMMARY OF APPLICATION: Applicant

requests an order declaring it has ceased

to be an investment company.

FILING DATE: The application was filed

on April 3, 1995, and an amendment

thereto on May 3, 1995.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the SEC orders a hearing.

Interested persons may request a

hearing by writing to the SEC’s

Secretary and serving applicant with a

copy of the request, personally or by

mail. Hearing requests should be

received by the SEC by 5:30 p.m. on

June 6, 1995, and should be

accompanied by proof of service on the

applicant, in the form of an affidavit or,

for lawyers, a certificate of service.

Hearing requests should state the nature

of the writer’s interest, the reason for the

request, and the issues contested.

Persons may request notification of a

hearing by writing to the SEC’s

Secretary.

ADDRESSES: Secretary, SEC, 450 Fifth

Street, NW., Washington, DC 20549.

Applicants, 220 East 42nd Street, New

York, New York 10017.

FOR FURTHER INFORMATION CONTACT:

Diane L. Titus, Paralegal Specialist, at

(202) 942–0584, or Robert A. Robertson,

Branch Chief, at (202) 942–0564

(Division of Investment Management,

Office of Investment Company

Regulation).

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee from the SEC’s

Public Reference Branch.

Applicant’s Representations

1. Applicant is an open-end,

diversified management investment

company, organized as a business trust

under the laws of the Commonwealth of

Massachusetts. On November 18, 1988,

applicant registered under the Act and

filed a registration statement under the

Securities Act of 1933. Applicant’s

registration statement was aborted on

October 19, 1992, and applicant has

made no public offering of its shares.

2. Applicant never issued any

securities. Applicant has no

shareholders, liabilities or assets.

Applicant is not a party to any litigation

or administrative proceeding.

3. Applicant is not now engaged, nor

does it propose to engage in any

business activities.

For the SEC, by the Division of Investment

Management, under delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–12318 Filed 5–18–95; 8:45 am]

BILLING CODE 8010–01–M

[Investment Company Act Release No.

21067; 811–6339]

Value Line International Fund; Notice

of Application

May 12, 1995.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’).

ACTION: Notice of Application for

Deregistration under the Investment

Company Act of 1940 (the ‘‘Act’’).

APPLICANT: Value Line International

Fund.

RELEVANT ACT SECTION: Section 8(f).

SUMMARY OF APPLICATION: Applicant

requests an order declaring it has ceased

to be an investment company.

FILING DATE: The application was filed

on April 3, 1995, and an amendment

thereto on May 3, 1995.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the SEC orders a hearing.

Interested persons may request a

hearing by writing to the SEC’s

Secretary and serving applicant with a

copy of the request, personally or by

mail. Hearing requests should be

received by the SEC by 5:30 p.m. on

June 6, 1995, and should be

accompanied by proof of service on the

applicant, in the form of an affidavit or,