Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Notices 28939

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

2 17 CFR 240.19b–4.

3The Board of Directors of the Exchange has

authorized the Exchange to sell or lease up to 15

memberships out of 23 authorized, but unsold,

memberships. The lessees of these memberships

would have the same rights and obligations as all

other members of the Exchange. Phone call between

John A. Boese, Assistant Vice President, Rule

Development and Market Structure, BSE, George W.

Mann, Jr., General Counsel, BSE, Florence Harmon,

Senior Special Counsel, Division of Market

Regulation (‘‘Division’’), Commission, Sonia Patton,

Attorney, Division, Commission, and John Riedel,

Attorney, Division, Commission (May 15, 2001).

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

d. Nature of Assets: Applicant states

that, as of December 31, 2000, its

interest in TIMET represented 23%, and

its interest in NL represented 68%, of

applicant’s total assets on an

unconsolidated basis (exclusive of

Government securities and cash items).

e. Sources of Income: Applicant states

that, for the four quarters ended

December 31, 2000, it had net income

after taxes of $9.2 million, of which

91.5% was attributable to TIMET, NL

and NLIV.

6. Applicant thus asserts that it meets

the requirements for an order under

section 3(b)(2) of the Act.

For the Commission, by the Division of

Investment Management, under delegated

authority.

Jonathan G. Katz,

Secretary.

[FR Doc. 01–13213 Filed 5–24–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Sunshine Act Meeting

Notice is hereby given, pursuant to

the provisions of the Government in the

Sunshine Act, Pub. L. 94–409, that the

Securities and Exchange Commission

will hold the following meeting during

the week of May 28, 2001.

A closed meeting will be held on

Thursday, May 31, 2001, at 11 a.m.

Commissioners, Counsel to the

Commissioners, the Secretary to the

Commission, and recording secretaries

will attend the closed meeting. Certain

staff members who have an interest in

the matters may also be present.

The General Counsel of the

Commission, or his designee, has

certified that, in his opinion, one or

more of the exemptions set forth in 5

U.S.C. 552b(c)(3), (5), (7), (9)(A), 9(B),

and (10) and 17 CFR 200.402(a)(3), (5),

(7), (9)(i), 9(ii) and (10), permit

consideration of the scheduled matters

at the closed meeting.

The subject matters of the closed

meeting scheduled for Thursday, May

31, 2001 will be:

Institution and settlement of injunctive

actions; and

Institution and settlement of

administrative proceedings of an

enforcement nature.

At times, changes in Commission

priorities require alterations in the

scheduling of meeting items. For further

information and to ascertain what, if

any, matters have been added, deleted

or postponed, please contact:

The Office of the Secretary at (202)

942–7070.

Dated: May 23, 2001.

Jonathan G. Katz,

Secretary.

[FR Doc. 01–13444 Filed 5–23–01; 3:51 pm]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–44324; File No. SR–BSE–

2001–02]

Self-Regulatory Organizations; Notice

of Filing and Immediate Effectiveness

of Proposed Rule Change by the

Boston Stock Exchange Adopting a

Fee for Leases of Memberships

May 18, 2001.

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 April 30,

2001, the Boston Stock Exchange

(‘‘BSE’’ 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 BSE. The Commission is

publishing this notice to solicit

comments on the proposed rule change

from interested persons.

I. Self-Regulatory Organization’s

Statement of the Terms of Substance of

the Proposed Rule Change

The Exchange proposes to amend the

Exchange’s fee schedule to include a

membership lease fee charged to

members who choose to lease a

membership from the Exchange.

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

Exchange included statements

concerning the purpose of and the 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 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 purpose of the proposed rule

change is to amend the Exchange’s fee

schedule to include a monthly fee equal

to one percent of the last consummated

seat sale, billed quarterly in arrears, for

leasing Exchange memberships from the

Exchange. This fee will be charged to all

qualified members who lease

memberships from the Exchange when

no public inventory is available. The fee

will be charged in addition to all other

membership fees, and will be arranged

through a separate lease agreement the

Exchange and the lessee.3 The one

percent fee figure was established based

on recent lease agreements for Exchange

memberships. The proposed lease fee

will be in addition to any dues, fees or

assessments charged by the Exchange.

Moreover, the lessees of memberships

will be subject to all other rules relevant

to membership qualifications.

2. Statutory Basis

The Exchange believes that the

proposed rule change is consistent with

Section 6(b)(4) of the Act,4 in that the

proposed rule change is designed to

provide for the equitable allocation of

reasonable dues, fees and other charges

among the Exchange’s members and

other persons using its facilities.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Exchange 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

The Exchange has neither solicited

nor received comments on the proposed

rule change.

28940 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Notices

5 15 U.S.C. 78s(b)(3)(A)(ii).

6 17 CFR 240.19b–4(f)(2).

7 17 CFR 200.30–3(a)(12).

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

The Exchange has designated the

proposed rule change as a fee change

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

Act 5 and Rule 19b–4(f)(2) thereunder.6

Accordingly, the proposed rule change

will become effective upon filing. At

any time within 60 days of the filing of

such proposed rule change, the

Commission may summarily abrogate

such rule change if it appears to the

Commission that such action is

necessary 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 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 BSE. All

submissions should refer to the File

Number SR–BSE–2001–02 and should

be submitted June 15, 2001.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.7

Jonathan G. Katz,

Secretary.

[FR Doc. 01–13214 Filed 5–24–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3337, Amdt. #1]

State of Iowa

In accordance with a notice received

from the Federal Emergency

Management Agency, dated May 14,

2001, the above-numbered Declaration

is hereby amended to include Calhoun

County in the State of Iowa as a disaster

area caused by flooding and severe

storms beginning on April 8, 2001 and

continuing.

In addition, applications for economic

injury loans from small businesses

located in Buena Vista, Carroll, Greene,

Pocahontas, Sac and Webster Counties

in the State of Iowa may be filed until

the specified date at the previously

designated location.

All other information remains the

same, i.e., the deadline for filing

applications for physical damage is July

1, 2001 and for economic injury the

deadline is February 1, 2002.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008)

Dated: May 15, 2001.

James E. Rivera,

Acting Associate Administrator for Disaster

Assistance.

[FR Doc. 01–13189 Filed 5–24–01; 8:45 am]

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3341]

State of Minnesota

As a result of the President’s major

disaster declaration on May 16, 2001, I

find that Benton, Chippewa, Freeborn,

Goodhue, Houston, St. Louis, Stevens,

Wabasha, Washington, Winona and

Yellow Medicine Counties, and the

Tribal Governments of Prairie Island

and Upper Sioux in the State of

Minnesota constitute a disaster area due

to damages caused by severe winter

storms, flooding and tornadoes

occurring between March 23, 2001 and

continuing. Applications for loans for

physical damage as a result of this

disaster may be filed until the close of

business on July 15, 2001 and for

economic injury until the close of

business on February 15, 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.

In addition, applications for economic

injury loans from small businesses

located in the following contiguous

counties in Minnesota may be filed until

the specified date at the above location:

Aitkin, Anoka, Big Stone, Carlton,

Chisago, Dakota, Dodge, Douglas,

Faribault, Fillmore, Grant, Itasca,

Kandiyohi, Koochiching, Lac qui Parle,

Lake, Lincoln, Lyon, Mille Lacs,

Morrison, Mower, Olmsted, Pope,

Ramsey, Rice, Redwood, Renville,

Sherburne, Stearns, Steele, Swift,

Traverse and Waseca; and Winnebago

and Worth Counties in the State of Iowa;

and Deuel County in the State of South

Dakota.

The interest rates are:

Percent

For Physical Damage:

Homeowners with credit available elsewhere ...................... 7.000

Homeowners without credit

available elsewhere ............... 3.500

Businesses with credit available

elsewhere .............................. 8.000

Businesses and non-profit organizations without credit available elsewhere ...................... 4.000

Others (including non-profit organizations) with credit available elsewhere ...................... 7.000

For Economic Injury:

Businesses and small agricultural cooperatives without

credit available elsewhere ..... 4.000

The number assigned to this disaster

for physical damage is 334106. For

economic injury the number assigned is

9L7200 for Minnesota, 9L7300 for Iowa,

and 9L7400 for South Dakota.

Wisconsin counties and Iowa counties

contiguous to the above named primary

counties are not listed here because they

have been previously declared.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008)

Dated: May 17, 2001.

Herbert L. Mitchell,

Associate Administrator for Disaster

Assistance.

[FR Doc. 01–13191 Filed 5–24–01; 8:45 am]

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3340]

Commonwealth of Puerto Rico

As a result of the President’s major

disaster declaration on May 16, 2001, I

find that the municipalities of Cabo

Rojo, Lajas, Guanica, Guayanilla, San

German and Yauco in the

commonwealth of Puerto Rico

constitute a disaster area due to

damages caused by severe storms,

flooding and mudslides beginning on

May 6, 2001 and continuing.

Applications for loans for physical

damage as a result of this disaster may

be filed until the close of business on

July 15, 2001, and for loans for

economic injury until the close of

business on February 15, 2002 at the

address listed below or other locally

announced locations: U.S. Small