20512 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Notices

and offer. See Securities Exchange Act Release No.

43901 (January 30, 2001), 66 FR 8988 (February 5,

2001) (SR-Phlx 01–12).

10 Double-up/double-down is defined in

Supplementary Material .07(c)(ii) to Phlx Rule 229

as a trade that would be at least 1⁄4 (up or down)

for equities trading in fractions or $.10 (up or down)

for equities trading in decimals from the last regular

way sale on the primary market, or, 1⁄4 for equities

trading in fractions or $.10 for equities trading in

decimals from the regular way sale that was the

previous intra-day change on the primary market.

11 15 U.S.C. 78f.

12 15 U.S.C. 78f(b)(5).

13 15 U.S.C. 78s(b)(3)(A).

14 17 CFR 240.19b–4(f)(6).

15For purposes of calculating the 60-day

abrogation date, the Commission considers the 60-

day period to have commended on April 13, 2001,

the date of the Phlx filed Amendment No. 1.

16For purposes only of accelerating the operative

date of this proposal, the Commission has

considered the proposed rule’s impact on

efficiency, competition, and capital formation. 15

U.S.C. 78c(f). The Commission accepted the Phlx’s

initial filing on March 1, 2001, as satisfying the fiveday pre-filing notice requirement under Rule 19b–

4(f)(6)(iii). 17 CFR 240.19b–4(f)(6)(iii). 17 17 CFR 200.30–3(a)(12).

do not agree to provide price

improvement in a security have to

provide manual double-up/doubledown price protection in any instance

where the bid/ask of the PACE Quote is

1⁄8 or greater for equities trading in

fractions, or $.05 or greater for equities

trading in decimals.10

The Exchange believes that extension

of the Pilot through August 31, 2001

would be conducive to the proper

implementation of decimal pricing, and

should facilitate the transition to

decimal pricing.

2. Statutory Basis

The Exchange believes that the

proposed rule change is consistent with

Section 6 of the Act 11 in general, and

in particular, with Section 6(b)(5),12 in

that it promotes just and equitable

principles of trade, fosters cooperation

and coordination with persons engaged

in regulating, clearing, settling,

processing information with respect to,

and facilitates transactions in securities,

removes impediments to and perfects

the mechanism of a free and open

market and national market system, and,

in general, protects investors and the

public interest. The Phlx also believes

the proposal will facilitate the orderly

transition to decimal pricing.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Exchange 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

Because the foregoing 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

from the date on which it was filed, or

such shorter time as the Commission

may designate, it has become effective

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

Act 13 and Rule 19b–4(f)(6)

thereunder.14 At any time within 60

days of the filing of the proposed rule

change, the Commission may summarily

abrogate such 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.15

The Exchange has requested that the

Commission accelerate the operative

date. The Commission finds good cause

to designate the proposal to become

operative immediately because such

designation is consistent with the

protection of investors and the public

interest. The Commission believes that

the proposal should be effective and

operative immediately upon filing to

ensure there is no lapse in the Pilot’s

effectiveness. For these reasons, the

Commission finds good cause to

designate that the proposal is both

effective and operative upon filing with

the Commission.16

IV. Solicitation of Comments

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing,

including whether the proposal is

consistent with the Act. Persons making

written submissions should file six

copies thereof with the Secretary,

Securities and Exchange Commission,

450 Fifth Street, N.W., Washington, D.C.

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 Exchange. All

submissions should refer to file number

SR–Phlx–2001–20, and should be

submitted by May 14, 2001.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.17

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–9965 Filed 4–20–01; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF STATE

[Public Notice No. 3607]

Secretary of State’s Advisory

Committee on Private International

Law: Study Group on Enforcement of

Foreign Judgments: Meeting Notice

There will be a public meeting of a

study group of the Secretary of State’s

Advisory Committee on Private

International Law on Wednesday, May

16, 2001, to consider the draft Hague

Convention on Jurisdiction and the

Enforcement of Foreign Judgments. The

meeting will be held from 9:30 am to

5:00 pm in room 332 of the Federal

Trade Commission, 600 Pennsylvania

Ave., NW., Washington DC.

The purpose of the Study Group

meeting is to assist the Department of

State prepare the U.S. negotiating

position for the first diplomatic session

of the Hague Conference June 6–20,

2001 in the Hague, the Netherlands.

The last formal negotiating session on

the project was in October 1999, which

produced a preliminary draft

convention text. Due to opposition by

the United States and some other

delegations to this text, the Hague

Conference decided to postpone the

final negotiating session from October

2000, and to hold it in two parts. The

first part will be in June, and the second

part has not yet been scheduled. The

Conference decided that the June

session would operate on a consensus

basis, with the ordinary voting rules

suspended. For the last several months,

the Hague countries have been engaged

in frequent informal meetings to attempt

to narrow their differences and prepare

the June diplomatic negotiating session.

A copy of the preliminary draft

convention is available on the website

of the Hague Conference, along with a

detailed explanatory report by Peter

Nygh and Fausto Pocar. These

documents, together with other

background documents on the

negotiations may be found at

Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Notices 20513

www.hcch.net/e/workprog/jdgm.html>.

Persons interested in the work of the

study group or in attending the May 16

study group meeting may also request

copies from Ms. Rosie Gonzales by fax

at 202–776–8482, by telephone at 202–

776–8420 (you may leave your request,

name, telephone number, email, or

mailing address on the answering

machine), or by email at

<gonzaler@ms.state.gov>. Email is the

quickest and most efficient way to

transmit the documents.

The study group meeting is open to

the public up to the capacity of the

meeting room. Persons wishing to

attend should contact Ms. Gonzales by

telephone, fax, or email, providing their

name, affiliation, telephone and fax

numbers, and email address. Any

person who is unable to attend, but

wishes to have his or her views

considered, may send comments to Ms.

Gonzales at the above fax number or

email address, or may address them to

Jeffrey D. Kovar, Assistant Legal Adviser

for Private International Law (L/PIL),

Suite 203, South Building, 2430 E

Street, NW., Washington, DC 20037–

2851.

Jeffrey D. Kovar,

Assistant Legal Adviser for Private

International Law, Department of State.

[FR Doc. 01–10006 Filed 4–20–01; 8:45 am]

BILLING CODE 4710–08–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Applications of Brendan Air, LLC d/b/

a Brendan Airways d/b/a USA 3000 for

New Certificate Authority

AGENCY: Department of Transportation.

ACTION: Notice of Order to Show Cause

(Order 2001–4–22). Dockets OST–00–

8029 and OST–00–8030.

SUMMARY: The Department of

Transportation is directing all interested

persons to show cause why it should

not issue orders (1) finding Brendan Air,

LLC d/b/a Brendan Airways and d/b/a

USA 3000 fit, willing, and able, and (2)

awarding it certificates of public

convenience and necessity to engage in

interstate and foreign scheduled air

transportation of persons, property, and

mail.

DATES: Persons wishing to file

objections should do so no later than

May 2, 2001.

ADDRESSES: Objections and answers to

objections should be filed in Dockets

OST–00–8029 and OST–00–8030 and

addressed to the Department of

Transportation Dockets (SVC–124,

Room PL–401), US Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590 and should

be served upon the parties listed in

Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Mrs.

Kathy Lusby Cooperstein, Air Carrier

Fitness Division (X–56, Room 6401), US

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, (202) 366–2337.

Dated: April 17, 2001.

Susan McDermott,

Deputy Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 01–9996 Filed 4–20–01; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG–2001–9188]

Proposed Decommissioning and/or

Excessing of the Remaining 180-foot

Seagoing Buoy Tender Class, and the

Proposed Excessing of the Vessel, FIR

(WLM 212)

AGENCY: U.S. Coast Guard, DOT.

ACTION: Notice of availability and

request for public comments.

SUMMARY: The U.S. Coast Guard

announces the availability of a draft

Programmatic Environmental

Assessment on its proposal to

decommission and/or declare excess the

remaining vessels in the 180-foot

seagoing buoy tender fleet and the

proposed excessing of the former United

States Coast Guard Cutter, FIR (WLM–

212). Comments on the Assessment are

encouraged.

DATES: Comments and related material

must reach the Docket Management

Facility on or before June 7, 2001.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit by only one of the

following means:

(1) By mail to the Docket Management

Facility, (USCG–2001–9188), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

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

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

notice. Comments and material received

from the public, as well as the draft

Programmatic Environmental

Assessment (PEA), will become part of

this docket and will be available for

inspection or copying in room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

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

through Friday, except Federal holidays.

You may also find this docket,

including the PEA, on the Internet at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If

you have questions on this notice, the

proposed project, or the associated

assessment, call David Reese, U.S. Coast

Guard, telephone 202–267–1942. If you

have questions on viewing or submitting

material to the docket, call Dorothy

Beard, Chief, Dockets, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

Comments and related material on the

draft PEA are encouraged. Please

provide the name and address of the

comment originator, identify the docket

number for this notice (USCG–2001–

9188), and provide background support

for each comment. You may submit

your comments and material by mail,

hand delivery, fax, or electronic means

to the Docket Management Facility at

the address under ADDRESSES; but

please submit your comments and

material by only one means. When

submitting by mail or hand delivery,

submit your comments or material in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know if the

comments or material has reached the

Facility, please enclose a stamped, self

addressed postcard or envelope. The

Coast Guard will consider all comments

and material received during the

comment period.

Proposed Action

The U.S. Coast Guard (USCG)

proposes to decommission and/or

declare excess the remaining vessels in

its aging fleet of 180-foot seagoing buoy

tenders and declare the former United

States Coast Guard Cutter, FIR (WLM–

212) excess to its needs. The USCG has

determined that the entire class of 180-

foot vessels is eligible for listing in the

National Register of Historic Places