Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Notices 23309

8 15 U.S.C. 78s(b)(3)(A).

9 17 CFR 240.19b–4(f)(2).

10The Phlx has stated that any change to the

category of options to which the payment for order

flow fee applies will be subject of a separate filing

with the Commission pursuant to Section

19(b)(3)(A)(ii) of the Act. See Securities Exchange

Act Release No. 43177 (Aug. 18, 2000), 65 FR 51889

(Aug. 25, 2000) (SR–Phlx–00–77). 11 17 CFR 200.30–3(a)(12).

corresponding imposition of the $1.00

fee on various transactions in QQQ

options, should promote just and

equitable principles to trade, remove

impediments to and perfect the

mechanism of a free and open market,

and protect investors and public interest

by attracting more order flow to the

Phlx, which should result in increased

liquidity, tighter markets, and more

competition among exchange members.

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

The Phlx neither solicited nor

received any written comments on this

proposal.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Because the Phlx has designated the

proposed rule change as a fee change

pursuant to Section 19(b)(3)(A) 8 of the

Act and Rule 19b–4(f)(2),9 the proposal

has become effective upon filing with

the Commission.10 At any time within

60 days of the filing of the proposed rule

change, the Commission may summarily

abrogate the 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.

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.

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–2001–43 and should be

submitted by May 29, 2001.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.11

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–11475 Filed 5–7–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Applicant No. 99000444]

First Capital Group of Texas III, L.P.;

Notice Seeking Exemption Under

Section 312 of the Small Business

Investment Act, Conflicts of Interest

Notice is hereby given that First

Capital Group of Texas III, L.P., 750 E.

Mulberry, Suite 305, San Antonio,

Texas 78212, an applicant for a Federal

License under the Small Business

Investment Act of 1958, as amended

(‘‘the Act’’), in connection with the

financing of a small concern, has sought

an exemption under section 312 of the

Act and section 107.730, Financings

which Constitute Conflicts of Interest of

the Small Business Administration

(‘‘SBA’’) rules and regulations (13 CFR

107.730 (2000)). First Capital Group of

Texas III, L.P. proposes to provide

equity/debt security financing to BEI

Group, Inc.,1051 East Nakoma, San

Antonio, Texas 78216. The financing is

contemplated for the purpose of

providing working capital.

The financing is brought within the

purview of Sec. 107.730(a)(1) of the

Regulations because First Capital Group

of Texas II, L.P., an Associate of First

Capital Group of Texas III, L.P.,

currently owns greater than 10 percent

of BEI Group, Inc. and therefore BEI

Group, Inc. is considered an Associate

of First Capital Group of Texas III, L.P.

as defined in Sec. 107.50 of the SBA

Regulations.

Notice is hereby given that any

interested person may submit written

comments on the transaction to the

Associate Administrator for Investment,

U.S. Small Business Administration,

409 Third Street, SW, Washington, DC

20416.

Dated: April 27, 2001.

Harry Haskins,

Acting Associate Administrator for

Investment.

[FR Doc. 01–11540 Filed 5–7–01; 8:45 am]

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Economic Injury Disaster

#9L55]

State of Ohio

Hamilton County and the contiguous

counties of Butler, Clermont and Warren

in the State of Ohio; Dearborn and

Franklin Counties in the State of

Indiana; and Boone, Campbell and

Kenton Counties in the Commonwealth

of Kentucky constitute a disaster area

due to a civil disturbance beginning on

April 9, 2001. Eligible small businesses

and small agricultural cooperatives

without credit available elsewhere may

file applications for economic injury

assistance as a result of this disaster

until the close of business on February

1, 2002 at the address listed below or

other locally announced locations: U.S.

Small Business Administration, Disaster

Area 2 Office, One Baltimore Place,

Suite 300, Atlanta, GA 30308.

The interest rate for eligible small

businesses and small agricultural

cooperatives in 4 percent.

The number assigned for economic

injury is 9L5500 for the State of Ohio;

9L5600 for the State of Indiana; 9L5700

for the Commonwealth of Kentucky.

(Catalog of Federal Domestic Assistance

Program No. 59002)

Dated: May 1, 2001.

John Whitmore,

Acting Administrator.

[FR Doc. 01–11541 Filed 5–7–01; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF STATE

[Public Notice 3653]

Culturally Significant Objects Imported

for ExhibitionDeterminations: ‘‘Spirit of

an Age: Nineteenth Century Paintings

From the Nationalgalerie, Berlin’’

DEPARTMENT: United States Department

of State.

ACTION: Notice.

SUMMARY: Notice is hereby given of the

following determinations: Pursuant to

the authority vested in me by the Act of

October 19, 1965 (79 Stat. 985, 22 U.S.C.

23310 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Notices

2459), the Foreign Affairs Reform and

Restructuring Act of 1998 (112 Stat.

2681, et seq.), Delegation of Authority

No. 234 of October 1, 1999, and

Delegation of Authority No. 236 of

October 19, 1999, as amended, I hereby

determine that the objects to be

included in the exhibition ‘‘Spirit of an

Age: Nineteenth Century Paintings from

the Nationalgalerie, Berlin,’’ imported

from abroad for the temporary

exhibition without profit within the

United States, are of cultural

significance. The objects are imported

pursuant to a loan agreement with the

foreign lender. I also determine that the

exhibition or display of the exhibit

objects at the National Gallery of Art,

Washington, DC, from on or about June

10, 2001 to on or about September 3,

2001, is in the national interest. Public

Notice of these Determinations is

ordered to be published in the Federal

Register.

FOR FURTHER INFORMATION CONTACT: For

further information, including a list of

the exhibit objects, contact Carol

Epstein, Attorney-Adviser, Office of the

Legal Adviser, U.S. Department of State

(telephone: 202/619–6981). The address

is U.S. Department of State, SA–44, 301

4th Street, S.W., Room 700, Washington,

D.C. 20547-0001.

Dated: April 20, 2001.

Helena Kane Finn,

Acting Assistant Secretary for Educational

and Cultural Affairs, United States

Department of State.

[FR Doc. 01–11534 Filed 5–7–01; 8:45 am]

BILLING CODE 4710–08–P

DEPARTMENT OF STATE

[Public Notice 3658]

Notice of Proposal To Extend

Memorandum of Understanding With

Peru

ACTION: Notice.

Pursuant to the authority vested in me

under Department of State Delegation of

Authority No. 236–2, as amended, and

pursuant to 19 U.S.C. 2602(f)(1), I

hereby propose extension of the

Memorandum of Understanding

between the Government of the United

States of America and the Government

of Peru Concerning the Imposition of

Import Restrictions on Archaeological

Material from the Prehispanic Cultures

and Certain Ethnological Material from

the Colonial Period of Peru, signed June

9, 1997. Pursuant to 19 U.S.C.

2602(f)(2), the views and

recommendations of the Cultural

Property Advisory Committee regarding

this proposal will be requested.

A copy of this Memorandum of

Understanding, the designated list of

restricted categories of material, and

related information can be found at the

following web site: http://

exchanges.state.gov/education/culprop.

Dated: May 2, 2001.

Helena Kane Finn,

Acting Assistant Secretary for Educational

and Cultural Affairs, U.S. Department of

State.

[FR Doc. 01–11686 Filed 5–7–01; 8:45 am]

BILLING CODE 4710–11–P

DEPARTMENT OF STATE

[Public Notice 3657]

Bureau of Political-Military Affairs;

Denial Policy of Munitions Export

Licenses to Afghanistan

AGENCY: Department of State.

ACTION: Notice.

SUMMARY: Notice is hereby given that all

licenses and other approvals to export

or otherwise transfer defense articles or

defense services to the territory of

Afghanistan under Taliban control will

continue to be denied pursuant to

section 38 of the Arms Export Control

Act (AECA) and in accordance with

section 5 of the UN Participation Act

(UNPA) and E.O. 12918 and the long

standing policy of the United States to

deny exports of all defense articles and

defense services to Afghanistan.

EFFECTIVE DATE: May 8, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Sweeney, Munitions Control

Analyst, Office of Defense Trade

Controls, Bureau of Political-Military

Affairs, Department of State (202) 633–

2700.

SUPPLEMENTARY INFORMATION: The U.S.

has had a policy of denial in place for

licenses and other approvals for

exports/transfers of defense articles and

services to Afghanistan, which is listed

in Section 126.1 (see 61 FR 33313).

However, a new U.N. Security Council

Resolution (UNSCR) mandates an arms

embargo against the territory of

Afghanistan under Taliban control. This

notice hereby informs the public of the

U.S. implementation of these

prohibitions through this notice,

including the continuation of the policy

of denial for this territory.

Areas of Afghanistan under control of

the Taliban are being used for sheltering

and training of terrorists and planning

terrorist acts. Also, the Taliban provides

a safehaven for Usama bin Laden.

Because of these activities, the United

Nations Security Council adopted

Resolution 1333 (December 19, 2000).

This resolution requires that all States

prevent the direct or indirect supply,

sale and transfer to the territory of

Afghanistan under Taliban control, by

their nationals or from their territories,

or using flag vessels or aircraft, of arms

and related material of all types,

including weapons and ammunition,

military vehicles and equipment,

paramilitary equipment and spare parts

of the aforementioned. Also, the

resolution requires States to prevent the

direct or indirect sale, supply and

transfer to the territory of Afghanistan

under Taliban control by their nationals

or from their territories of technical

advice, assistance, or training related to

the military activities of the armed

personnel under control of the Taliban.

The UN arms embargo has limited

exceptions for non-lethal military

equipment intended solely for

humanitarian or protective use if

approved in advance by an established

Committee of the Security Council.

In accordance with 22 CFR 126.1, the

U.S. Government will continue its

policy to deny all applications for

licenses and other approvals to export

or otherwise transfer defense articles

and services to Afghanistan, including

the territory of Afghanistan under

Taliban control. This action also

continues to preclude the use in

connection with this territory of any

exemptions from licensing or other

approval (e.g. brokering) requirements

available under the International Traffic

in Arms Regulations.

Under the terms of UNSCR 1333, the

U.N. arms embargo of the territory of

Afghanistan under Taliban control will

expire on December 19, 2001 unless it

is extended by the U.S. Security

Council. However, the measures

specified in this notice and the policy

of denial for Afghanistan will remain in

effect until a subsequent notice is

published in the Federal Register.

This action has been taken pursuant

to Section 38 of the AECA (22 U.S.C.

2778) and § 126.7 of the International

Traffic in Arms Regulations in

furtherance of the foreign policy of the

United States, and in accordance with

Section 5 of the UNPA (22 U.S.C.

287(c)) and E.O. 12918.

Dated: April 30, 2001.

Gregory M. Suchan,

Acting Assistant Secretary, Bureau of

Political-Military Affairs, Department of

State.

[FR Doc. 01–11533 Filed 5–7–01; 8:45 am]

BILLING CODE 4710–25–P