29608 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Notices

(5) Type of request: Extension of a

currently approved collection.

(6) Respondents: Program planning or

management.

(7) Estimated annual number of

respondents: 25,000.

(8) Total annual responses: 25,000.

(9) Total annual reporting hours: 1.

(10) Collection description: Under

Public Law 98–76, railroad retirement

beneficiaries’ Tier II, dual vested and

supplemental benefits are subject to

income tax under private pension rules.

Under Public Law 99–514, the nonsocial security equivalent benefit

portion of Tier I is also taxable under

private pension rules. The collection

obtains the information needed by the

Railroad Retirement Board to implement

the income tax withholding provisions.

Additional Information or Comments:

Copies of the forms and supporting

documents can be obtained from Chuck

Mierzwa, the agency clearance officer

(312–751–3363). Comments regarding

the information collection should be

addressed to Ronald J. Hodapp, Railroad

Retirement Board, 844 North Rush

Street, Chicago, Illinois, 60611–2092

and the OMB reviewer, Joe Lackey (202–

395–7316), Office of Management and

Budget, Room 10230, New Executive

Office Building, Washington, DC 20503.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 01–13653 Filed 5–30–01; 8:45 am]

BILLING CODE 7905–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. IC–24992]

Notice of Applications for

Deregistration Under Section 8(f) of the

Investment Company Act of 1940

May 24, 2001.

The following is a notice of a

applications for deregistration under

section 8(f) of the Investment Company

Act of 1940 for the month of May, 2001.

A copy of each application may be

obtained for a fee at the SEC’s Public

Reference Branch, 450 Fifth St., NW,

Washington, DC 20549–0102 (tel. 202–

942–8090). An order granting each

application will be issued unless the

SEC orders a hearing. Interested persons

may request a hearing on any

application by writing to the SEC’s

Secretary at the address below and

serving the relevant 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 19, 2001, 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 who wish to be notified of a

hearing may request notification by

writing to the Secretary, SEC, 450 Fifth

Street, NW., Washington, DC 20549–

0609. For Further Information Contact:

Diane L. Titus, at (202) 942–0564, SEC,

Division of Investment Management,

Office of Investment Company

Regulation, 450 Fifth Street, NW.,

Washington, DC 20549–0506.

Nuveen Tax Exempt Unit Trust Series

3—National Trust 3 [File No. 811–

1109]; Nuveen Tax Exempt Unit Trust

Series 4 [File No. 811–1110]; Nuveen

Tax Exempt Unit Trust Series 5 [File

No. 811–1230]; Nuveen Tax Exempt

Unit Trust Series 6 [File No. 811–1238];

Nuveen Tax Exempt Unit Trust Series

7 [File No. 811–1260]; Nuveen Tax

Exempt Unit Trust Series 8 [File No.

811–1291]; Nuveen Tax Exempt Unit

Trust Series 16 [File No. 811–1547];

Nuveen Tax Exempt Unit Trust Series

9 [File No. 811–1306]; Nuveen Tax

Exempt Unit Trust Series 12 [File No.

811–1395]; Nuveen Tax Exempt Unit

Trust Series 13 [File No. 811–1439];

Nuveen Tax Exempt Unit Trust Series

14 [File No. 811–1480]; Nuveen Tax

Exempt Unit Trust Intermediate Series

1 [File No. 811–2664]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. Between April 15,

1991, and December 15, 1991, each

applicant made a liquidating

distribution to its shareholders based on

net asset value. Applicants incurred no

expenses in connection with the

liquidations.

Filing Date; The applications were

filed on April 18, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

23 [File No. 811–1962]; Nuveen Tax

Exempt Unit Trust Series 24 [File No.

811–2022]; Nuveen Tax Exempt Unit

Trust Series 26 [File No. 811–2049]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company., On July 15, 1991,

October 15, 1991, and August 15, 1992,

respectively, each applicant made a

liquidating distribution to its

shareholders based on net asset value.

Applicants incurred no expenses in

connection with the liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

28 [File No. 811–2068]; Nuveen Tax

Exempt Unit Trust Series 21 [File No.

811–1839]; Nuveen Tax Exempt Unit

Trust Series 18 [File No. 811–1654]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. On March 15,

1996, August 15, 1996, and August 15,

1998, respectively, each applicant made

a liquidating distribution to its

shareholders based on net asset value.

Applicants incurred no expenses in

connection with the liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

36 National Trust 36 [File No. 811–

2179]; Nuveen Tax Exempt Unit Trust

Series 40 National Trust 40 [File No.

811–2244

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. On November 15,

1994, each applicant made a liquidating

distribution to its shareholders based on

net asset value. Applicants incurred no

expenses in connection with the

liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

37 National Trust 37 [File No. 811–

2198]; Nuveen Tax Exempt Unit Trust

Series 27 [File No. 811–2059]; Nuveen

Tax Exempt Unit Trust Series 17 [File

No. 811–1575]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. On February 15,

1992, each applicant made a liquidating

distribution to its shareholders based on

net asset value. Applicants incurred no

expenses in connection with the

liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

11 [File No. 811–1378]; Nuveen Tax

Exempt Unit Trust Series 10 [File No.

811–1328]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Notices 29609

investment company. On February 15,

1992, and September 15, 1992,

respectively, each applicant made a

liquidating distribution to its

shareholders based on net asset value.

Applicants incurred no expenses in

connection with the liquidations.

Filing Date: The applications were

filed on April 18, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

31 National Trust 31 [File No. 811–

2102]; Nuveen Tax Exempt Unit Trust

Series 29 National Trust 29 [File No.

811–2088]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. On September 15,

1995, and September 15, 1997,

respectively, each applicant made a

liquidating distribution to its

shareholders based on net asset value.

Applicants incurred no expenses in

connection with the liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacher Drive, Chicago, IL 60606.

Nuveen Tax Exempt Unit Trust Series

22 [File No. 811–1908]; Nuveen Tax

Exempt Unit Trust Series 25 [File No.

811–2044]; Nuveen Tax Exempt Unit

Trust Series 33 National Trust 33 [File

No. 811–2141]

Summary: Each applicant, a unit

investment trust, seeks an order

declaring that it has ceased to be an

investment company. On March 15,

1993, September 15, 1993, and May 15,

1994, respectively, each applicant made

a liquidating distribution to its

shareholders based on net asset value.

Applicants incurred no expenses in

connection with the liquidations.

Filing Date: The applications were

filed on April 19, 2001.

Applicants’ Address: 333 West

Wacker Drive, Chicago, IL 60606.

American General Series Portfolio

Company 2 [File No. 811–8875]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On July 7, 2000,

applicant transferred its assets to North

American Funds, based on net asset

value. Expenses of $1,326,467 incurred

in connection with the reorganization

were paid by American General

Corporation, the parent of applicant’s

investment adviser.

Filing Date: The application was filed

on March 22, 2001.

Applicant’s Address: 2929 Allen

Parkway, Houston, TX 77019.

Pennsylvania Daily Municipal Income

Fund [File No. 811–6681]

Summary: Applicant seeks an order

declaring that is has ceased to be an

investment company. On February 14,

2001, applicant made a liquidating

distribution to its sole shareholder

based on net asset value. Expenses of

$3,000 incurred in connection with the

liquidation were paid by Reich & Tang

Asset Management LLC, applicant’s

investment adviser.

Filing Date: The application was filed

on May 9, 2001.

Applicant’s Address: 600 Fifth

Avenue, New York, NY 10020.

Firstar Select Funds [File No. 811–8155]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On November 23,

2000, applicant transferred its assets to

Firstar REIT Fund, based on net asset

value. Expenses of $130,820 incurred in

connection with the reorganization were

paid by Firstar Investment Research &

Management Company, LLC.

Filing Date: The application was filed

on April 2, 2001.

Applicant’s Address: 431 North

Pennsylvania Street, Indianapolis, IN

46204.

Cappiello-Rushmore Trust [File No.

811–6601]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On April 12,

2001, applicant made a liquidating

distribution to its shareholders based on

net asset value. Expenses of $63,783

incurred in connection with the

liquidation were paid by applicant.

Filing Date: The application was filed

on April 20, 2001.

Applicant’s Address: 4922 Fairmont

Avenue, Bethesda, MD 20814.

The Buttonwood Funds, Inc. [File No.

811–4702]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On March 2, 2001,

applicant made a final liquidating

distribution to its shareholders based on

net asset value. Expenses of $10,760

incurred in connection with the

liquidation were shared equally by

Independence Capital Management,

Inc., applicant’s investment adviser and

Janney Montgomery Scott LLC,

applicant’s distributor.

Filing Date: The application was filed

on April 18, 2001.

Applicant’s Address: Two Bala

Cynwyd Plaza, Bala Cynwyd, PA 19004.

Gabelli Income Series Funds, Inc. [File

No. 811–8866]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. Applicant has

never made a public offering of its

securities and does not propose to make

a public offering or engage in business

of any kind.

Filing Dates: The application was

filed on March 27, 2001, and amended

on May 2, 2001.

Applicant’s Address: One Corporate

Center, Rye, NY 10580–1434.

Tristar Large Cap Stock Fund [File No.

811–9723]

Summary: Applicant seeks an order

declaring that is has ceased to be an

investment company. On February 15,

2001, applicant made a liquidating

distribution to its shareholders based on

net asset value. Expenses of

approximately $238 incurred in

connection with the liquidation were

paid by Tristar Capital Management,

Corp., applicant’s investment adviser.

Filing Dates: The applicant was filed

on April 3, 2001, and amended on May

11, 2001.

Applicant’s Address: 13605 Crestway

Dr., Brook Park, OH 44142.

SM&R Growth Fund, Inc. [File No. 811–

623] SM&R Equity Income Fund, Inc.

[File No. 811–1916] SM&R Balanced

Fund, Inc. [File No. 811–2818]

Summary: Each applicant seeks an

order declaring that it has ceased to be

an investment company. On December

31, 2000, each applicant transferred its

assets to a corresponding series of

SM&R Investments, Inc., based on net

asset value. Expenses of $65,888,

$42,323 and $29,355, respectively, were

incurred in connection with the

reorganizations and were paid by

Securities Management and Research,

Inc., each applicant’s investment

adviser.

Filing Dates: The applications were

filed on February 28, 2001, and

amended on April 20, 2001 and April

27, 2001.

Applicant’s Address: Securities

Management and Research, Inc., 2450

South Shore Boulevard, Suite 400,

League City, Texas 77573.

StockJungle.com Trust [File No. 811–

9403]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On November 7,

2000, applicant transferred its assets to

three series of the Trust for Investment

Management based on net asset value.

Expenses of $38,000 incurred in

connection with the reorganization were

29610 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Notices

1The CSE was elected as chair of the Operating

Committee for the Joint Self-Regulatory

Organization Plan Governing the Collection,

Consolidation and Dissemination of Quotation and

Transaction Information for Exchange-Listed

Nasdaq/National Market System Securities and for

Nasdaq/National Market System Securities Traded

on Exchange on an Unlisted Trading Privileges

Basis (‘‘Plan’’) by the Participants.

2See Letter from Jeffrey T. Brown, Vice President

Regulation and General Counsel, CSE, to Jonathan

G. Katz, Secretary, Commission, dated May 21, 2001

(‘‘May 2001 Extension Request’’). The signatories to

the Plan are the Participants for purposes of this

release; however, the BSE joined the Plan as a

‘‘limited participant’’ and reports quotation

information and transaction reports only in Nasdaq/

National Market securities listed on the BSE.

Originally, the American Stock Exchange Inc.

(‘‘Amex’’) was a Participant but withdrew its

participation from the Plan in August 1994.

3Section 12 of the Securities Exchange Act of

1934 (‘‘Act’’) generally requires an exchange to

trade only those securities that the exchange lists,

except that section 12(f) of the Act permits unlisted

traded privileges (‘‘UTP’’) under certain

circumstances. For example, section 12(f), among

other things, permits exchanges to trade certain

securities that are traded over-the-counter (‘‘OTC/

UTP’’), but only pursuant to a Commission order or

rule. The present order fulfills this section 12(f)

requirement. For a more complete discussion of the

section 12(f) requirement, see November 1995

Extension Order, infra note 7.

4 In accordance with the Commission’s statements

in its order approving the establishment of the

Nasdaq Order Display Facility and Order Collector

Facility (‘‘SuperMontage’’), the Participants

represent that they are revising the Plan. See

Securities Exchange Act Release No. 43863 (January

19, 2001) 66 FR 8020 (January 26, 2001).

5See Section 12(f)(2) of the Act, 15 U.S.C.

781(f)(2).

6See Securities Exchange Act Release No. 28146,

55 FR 27917 (July 6, 1990) (‘‘1990 Plan Approval

Order’’).

7See Securities Exchange Act Release Nos. 34371

(July 13, 1994), 59 FR 37103 (July 20, 1994); 35221

(January 11, 1995), 60 FR 3886 (January 19, 1995);

36102 (August 14, 1995), 60 FR 43626 (August 22,

1995); 36226 (September 13, 1995), 60 FR 49029

(September 21, 1995); 36368 (October 13, 1995), 60

FR 54091 (October 19, 1995); 36481 (November 13,

1995), 60 FR 58119 (November 24, 1995)

(‘‘November 1995 Extension Order’’); 36589

(December 13, 1995), 60 FR 65696 (December 20,

1995); 36650 (December 28, 1995), 61 FR 358

(January 4, 1996); 36934 (March 6, 1996), 61 FR

10408 (March 13, 1996); 36985 (March 18, 1996),

61 FR 12122 (March 25, 1996); 37689 (September

16, 1996), 61 FR 50058 (September 24, 1996); 37772

(October 1, 1996), 61 FR 52980 (October 9, 1996);

38457 (March 31, 1997), 62 FR 16880 (April 8,

1997); 38794 (June 30, 1997) 62 FR 365486 (July 8,

1997); 39505 (December 31, 1997) 63 FR 1515

(January 9, 1998); 40151 (July 1, 1998) 63 FR 36979

(July 8, 1998); 40896 (December 31, 1998), 64 FR

1834 (January 12, 1999); 41392 (May 12, 1999), 64

FR 27839 (May 21, 1999) (‘‘May 1999 Approval

Order’’); 42268 (December 23, 1999), 65 FR 1202

(January 6, 2000); 43005 (June 30, 2000), 65 FR

42411 (July 10, 2000); and 44099 (March 23, 2001),

66 FR 17457 (March 30, 2001). 8The Plan defines ‘‘eligible security’’ as any

Nasdaq/NM security as to which unlisted trading

privileges have been granted to a national securities

exchange pursuant to Section 12(f) of the Act or that

is listed on a national securities exchange. On May

12, 1999, in response to a request from the CHX,

the Commission expanded the number of eligible

Nasdaq/NM securities that may be traded by the

CHX pursuant to the Plan from 500 to 1000. See

May 1999 Approval Order, supra note 7. On

November 9, 2000, the Commission notices and

requested comment on a proposal by the PCX to

expand the maximum number of securities eligible

to trade all Nasdaq/NM securities. See Securities

Exchange Act Release No. 43545, 65 FR 69581

(November 17, 2000).

9The full text of the Plan, as well as a ‘‘Concept

Paper’’ describing the requirements of the Plan, are

contained in the original filing, which is available

for inspection and copying in the Commission’s

public reference room.

10 17 CFR 240.11 Ac1–2.

paid by StockJungle.com Advisors, Inc.,

applicant’s investment adviser.

Filing Dates: The application was

filed on March 15, 2001, and amended

on May 1, 2001.

Applicant’s Address: 5750 Wilshire

Boulevard, Suite 560, Los Angeles, CA

90036.

Allied Owners Action Fund Inc. [File

No. 811–9551]

Summary: Applicant seeks an order

declaring that it has ceased to be an

investment company. On March 26,

2001, applicant made a liquidating

distributing to its shareholders based on

net asset value. Applicant incurred no

expenses in connection with the

liquidation.

Filing Dates: The application was

filed on April 20, 2001, and amended on

May 17, 2001.

Applicant’s Address: 215 W 91st

#112, New York, NY 10024.

For the Commission, by the Division of

Investment Management, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–13632 Filed 5–30–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–44348; File No. S7–24–89]

Joint Industry Plan; Solicitation of

Comments and Order Approving

Request to Extend Exchange on an

Unlisted or Listed Basis, Submitted by

the National Association of Securities

Dealers, Inc., the Pacific Exchange,

Inc. and the Boston, Chicago,

Philadelphia, and Cincinnati Stock

Exchanges

May 24, 2001.

I. Introduction

On May 23, 2001, the Cincinnati

Stock Exchange, Inc. (‘‘CSE’’) on behalf

of itself and the National Association of

Securities Dealers, Inc. (‘‘NASD’’), the

Boston Stock Exchange, Inc. (‘‘BSE’’),

the Chicago Stock Exchange, Inc.

(‘‘CHX’’), Pacific Exchange, Inc.

(‘‘PCX’’), and the Philadelphia Stock

Exchange, Inc. (‘‘Phlx’’) (hereinafter

referred to as the ‘‘Participants’’) 1

submitted to the Securities and

Exchange Commission (‘‘Commission’’

or ‘‘SEC’’) a proposal to extend the

operation of the Plan 2 for Nasdaq/

National Market (‘‘Nasdaq/NM’’)

securities traded on an exchange on an

unlisted basis.3 The May 2001

Extension Request would extend the

effectiveness of the Plan through July

19, 2001 and also would extend certain

exemptive relief as described below.

The May 2001 Extension Request does

not seek permanent approval of the Plan

because the Participants currently are

negotiating certain amendments to the

Plan for which they will seek approval

in the future.4

II. Background

The Plan governs the collection,

consolidation, and dissemination of

quotation and transaction information

for Nasdaq/NM securities listed on an

exchange or traded on an exchange

pursuant to a grant of UTP.5 The

Commission originally approved the

Plan on a pilot basis on June 26, 1990.6

The parties did not begin trading until

July 12, 1993, accordingly, the pilot

period commenced on July 12, 1993.

The Plan as since been in operation on

an extended pilot basis.7

III. Description of the Plan

The Plan provides for the collection

from Plan Participants, and the

consolidation and dissemination to

vendors, subscribers and others, of

quotation and transaction information

in ‘‘eligible securities.’’ 8 The Plan

contains various provisions concerning

its operation, including: Implementation

of the Plan; Manner of Collecting,

Processing, Sequencing, Making

Available and Disseminating Last Sale

Information; Report Requirements

(including hours of operation);

Standards and Methods of Ensuring

Promptness, Accuracy and

Completeness of Transaction Reports;

Terms and Conditions of Access;

Description of Operation of Facility

Contemplated by the Plan; Method and

Frequency of Processor Evaluation;

Written Understanding of Agreements

Relating to Interpretation of, or

Participation in, the Plan; Calculation of

the Best Bid and Offer (‘‘BBO’’); dispute

Resolution; and Method of

Determination and Imposition, and

Amount of Fees and Charges.9

IV. Exemptive Relief

In conjunction with the Plan, on a

temporary basis, the Commission

granted an exemption to vendors from

Rule 11 Ac1–2 10 under the Act