Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Notices 20503

13 17 CFR 200.30–3 (a)(12).

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3 In Amendment No. 1, the Exchange provided an

updated schedule of dues, fees and charges in

Appendix A to the proposed rule change. See Letter

from Murray L. Ross, Vice President and Secretary,

Phlx, to Nancy Sanow, Assistant Director, Division

of Market Regulation (‘‘Division’’), SEC, Dated

March 21, 2000.

4The Exchange will bill the controller space

charge at a rate of $250.00 per month instead of the

current rate of $750.00 per quarter. The Exchange

will bill the floor facilities fees and the shelf space

fee at a rate of $125.00 per month instead of the

current rate of $375.00 per quarter. The Exchange

will bill the direct wire charges at a rate of $20.00

per month instead of the current rate of $60.00 per

quarter.

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

6 15 U.S.C. 78f(b)(4).

7 15 U.S.C. 78s(b)(3)(A).

8 17 CFR 240.19b–4(f)(2).

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 Exchange. All

submissions should refer to File No.

SR–Phlx–00–25 and should be

submitted by May 8, 2000.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.13

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–9488 Filed 4–14–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–42659; Filed No. SR–PHlx–

00–23]

Self-Regulatory Organizations; Notice

of Filing and Immediate Effectiveness

of a Proposed Rule Change by the

Philadelphia Stock Exchange, Inc. To

Modify the Frequency of Billing for the

Controller Space Charge, Floor

Facilities Fees, Shelf Space Fee on the

Equity Options Floor, and Direct Wire

Changes From a Quarterly to a

Monthly Basis

April 10, 2000.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on March 9,

2000, the Philadelphia Stock Exchange,

Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with

the Securities and Exchange

Commission (‘‘SEC’’ or ‘‘Commission’’)

the proposed rule change as described

in Items, I, II, and III below, which Items

have been prepared by the Exchange.

On March 22, 2000, the Exchange

submitted Amendment No. 1 to the

proposed rule change.3

I. Self-Regulatory Organization’s

Statement of the Terms of Substance of

the Proposed Rule Change

The Phlx proposes to amend its

schedule of dues, fees and charges so

that it will bill the controller space

charge, floor facilities fees, shelf space

fee on the equity options floor and

direct wire charges on a monthly basis

rather than the quarterly basis the

Exchange currently uses. The amounts

of the charges of fees will remain

unchanged; only the frequency of billing

for such fees or charges will change to

a monthly basis. The Phlx proposes that

the change in the frequency of billing

for the fees or charges mentioned above

become effective at the opening of

business on April 1, 2000.

II. Self-Regulatory Organization’s

Statements of, and Statutory Basis for,

the Proposed Rule Change

In its filing with the Commission, the

Exchange included statements

concerning the purpose of and basis for

the proposed rule change. The text of

these statements may be examined at

the places specified in Item IV below.

The Exchange 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 Exchange proposes to amend the

Phlx’s fee schedule to change the

frequency that Exchange members,

foreign currency option (‘‘FCO’’)

participants and member organizations

and participant organizations are billed

for the controller space charge, floor

facilities fees, shelf space fee for the

equity options floor and the direct wire

charges. The Exchange proposes to bill

these fees or charges on a monthly basis,

instead of on a quarterly basis.4

The Exchange’s Finance Committee is

recommending that the fees or charges

mentioned above be billed monthly

instead of quarterly to enhance

operational efficiency for the Exchange

and its members and participants. The

Exchange represents that the proposed

rule change would permit the

Exchange’s Accounting Department to

operate more effectively. The Exchange

further represents that the proposed rule

change would allow Exchange members

and participants to more accurately

gauge their monthly operating expenses,

and to permit them to reduce their

operational cash flow burdens that may

result from the current quarterly

payment schedule.

2. Statutory Basis

The Exchange believes that the

proposed rule change is consistent with

Section 6 of the Act 5 in general, and

further the objectives of Section 6(b)(4) 6

in particular, in that it provides for the

equitable allocation of reasonable dues,

fees, and other charges amount its

members and other persons using its

facilities. Specifically, the Exchange

believes that the proposed rule change

is reasonable and equitable because only

the frequency of billing for the fees or

charges mentioned above will be

changed, and not the amount billed.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Phlx does not believe that the

proposed rule change will impose any

inappropriate 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 either

solicited or received.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

The foregoing rule change establishes

or changes a fee, due or charge imposed

by the Exchange and, therefore, has

become effective upon filing pursuant to

Section 19(b)(3)(A) of the Act 7 and Rule

19b–4(f)(2) thereunder.8 The Exchange

intends to implement the change to the

frequency of billing for the fees or

charges mentioned above at the opening

of business on April 1, 2000. At any

time within 60 days of filing of such

proposed rule change, the Commission

may summarily abrogate such rule

20504 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Notices

9 In reviewing this proposal, the Commission has

considered its impact on efficiency, competition,

and capital formation. 15 U.S.C. 78c(f).

10 17 CFR 200.30–3(a)(12).

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 purpose of the Act.

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.;9

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–00–23 and should be

submitted by May 8, 2000.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority.10

Margared H. McFarland,

Deputy Secretary.

[FR Doc. 00–9490 Filed 4–14–00; 8:45 am]

BILLING CODE 8010–01–M

OFFICE OF SPECIAL COUNSEL

Proposed Information Collection

Activities; Request for Comment

AGENCY: Office of Special Counsel.

ACTION: Notice.

SUMMARY: The U.S. Office of Special

Counsel (OSC), in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. chapter 35) and implementing

regulations at 5 CFR Part 1320, plans to

request approval from the Office of

Management and Budget (OMB) for use

of two previously approved information

collections: (1) Form OSC–11,

Complaint of Possible Prohibited

Personnel Practice or Other Prohibited

Activity; and (2) Form OSC–12,

Disclosure of Information. The forms to

be submitted to OMB contain some

modifications to the existing forms,

including the addition of information

about OSC jurisdiction. These

collections of information are described

in OSC regulations at 5 CFR 1800.1 and

1800.2. The current OMB approval for

these collections of information expires

on August 31, 2000.

Current and former Federal

employees, employee representatives,

other Federal agencies, and the general

public are invited to comment on these

information collections. Comments are

invited on: (a) Whether the proposed

collections of information are necessary

for the proper performance of OSC’s

functions, including whether the

information will have practical utility;

(b) the accuracy of OSC’s estimate of the

burden of the proposed collections of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

DATES: Comments should be received on

or before June 16, 2000.

ADDRESSES: Kathryn Stackhouse,

Attorney, Planning and Advice

Division, U.S. Office of Special Counsel,

1730 M Street, NW, Suite 300,

Washington, DC 20036–4505.

FOR FURTHER INFORMATION CONTACT:

Kathryn Stackhouse, Attorney, Planning

and Advice Division, at the address

shown above; by telephone at (202)

653–8971; or by facsimile at (202) 653–

5151. The collections of information to

be submitted to OMB will be available

for review on OSC’s Web site (at

www.osc.gov) as of the date of this

notice.

SUPPLEMENTARY INFORMATION: Comment

is requested on the following two

collections of information:

1. Title of Collection: Complaint of

Possible Prohibited Personnel or Other

Prohibited Activity (Agency Form

Number: OSC–11; OMB Control Number

3255–0002).

Type of Information Collection:

Approval of a previously approved

collection of information that expires on

August 31, 2000. The proposed

information collection format includes

changes as follows: (1) Style, format,

and other minor revisions that do not

appear to impose significant new

burdens, such as requests for fax

numbers, e-mail addresses, and details

of certain allegations in a different

format; (2) addition of explanatory

information about OSC jurisdiction,

elements required to prove some claims,

and certain procedural rights; and (3)

description of new and revised Privacy

Act routine uses published after the

prior OMB approval.

Affected public: Current and former

Federal employees, applicants for

Federal employment, and their

representatives.

Respondent’s Obligation: Voluntary.

Estimated Annual Number of

Respondents: 1802.

Frequency: On occasion.

Estimated Average Burden Per

Respondent: 1.25 hours. This estimated

burden has changed from the previous

estimate of one hour, due primarily to

the addition of the explanatory

information described above, under

‘‘Type of Information Collection.’’

Estimated Annual Burden: 2252.5

hours.

Abstract: This optional complaint

form, or the format provided in 5 CFR

1800.1, is for use by current and former

Federal employees and applicants for

Federal employment to submit

allegations of possible prohibited

personnel practices or other prohibited

activity for investigation and possible

prosecution by OSC. In addition to a

hard copy format, the form will be

posted on OSC’s Web site so that

complainants can fill in the form online,

and then print the completed form for

signature and transmittal to OSC by

mail or fax.

2. Title of Collection: Disclosure of

Information (Agency Form Number:

OSC–12; OMB Control Number 3255–

0002).

Type of Information Collection:

Approval of a previously approved

collection of information that expires on

August 31, 2000. The proposed

information collection format includes

changes as follows: (1) Style, format,

and other minor revisions that do not

appear to impose significant new

burdens, such as requests for fax

numbers, e-mail addresses, name of any

legal or other representative, and

classification of the type of disclosure;

(2) addition of certification language

before the signature of the submitter; (3)

addition of explanatory information

about OSC jurisdiction, processing

criteria, and procedures; and (4)

description of new and revised Privacy

Act routine uses published after the

prior OMB approval.

Affected public: Current and former

Federal employees, applicants for

Federal employment, and their

representatives.

Respondent’s Obligation: Voluntary.

Estimated Annual Number of

Respondents: 388.