Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices 30783

26 17 CFR 200.30–3(a)(12).

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

2 17 CFR 240.19b–4.

3See United States v. American Stock Exchange

LLC, Civil Action No. 00–CV–02174 (EGS) (D.C.

Cir., December 6, 2000); In re Certain Activities of

Options Exchanges, Securities Exchange Act

Release No. 43268 (September 11, 2000).

4See Securities Exchange Act Release No. 44057

(March 9, 2001), 66 FR 15312 (March 16, 2001)

(notice and accelerated partial approval of SR–

Phlx–01–03).

5 15 U.S.C. 78f.

6 15 U.S.C. 78f(b)(5).

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.26

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–14312 Filed 6–6–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–44373; File No. SR–Phlx–

2001–19]

Self-Regulatory Organizations; Notice

of Filing of Proposed Rule Change by

the Philadelphia Stock Exchange, Inc.

To Institute an Antitrust Compliance

Policy

May 31, 2001.

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

Securities Exchange Act of 1934

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

notice is hereby given that on March 5,

2001, the Philadelphia Stock Exchange,

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

the Securities and Exchange

Commission (‘‘Commission’’) the

proposed rule change as described in

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

have been prepared by the Exchange.

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

Phlx has proposed to adopt an

Antitrust Compliance Policy

(‘‘Compliance Policy’’). The Compliance

Policy, which applies to Exchange

governors, committee members,

employees, members, and member

organizations (‘‘Covered Persons’’), is

designed to highlight certain activities

known to raise antitrust and

competition-related concerns, provide

general guidance in these areas, and

suggest when Covered Persons may

want to consult with the Phlx Antitrust

Compliance Officer or his designated

staff.

The Compliance Policy states that it is

the policy of the Exchange to comply

with the antitrust laws and the

settlements that Phlx and the other

options exchanges entered into on

September 11, 2000, with the

Department of Justice (‘‘DOJ’’) and the

Commission.3 The Compliance Policy

also discusses the consequences of noncompliance with the antitrust laws, the

settlements, and certain Exchange rules.

The Compliance Policy discusses

certain types of conduct that may raise

behavioral issues. For example, the

Compliance Policy state that certain

agreements with other exchanges are

prohibited by the settlements, various

exchange rules, and/or codes of

conduct: those indicating that any

option class will be traded on only one

exchange; those indicating that trading

of option classes will be allocated

among exchanges; and those requiring,

preventing, or limiting the listing,

delisting, or trading of any options class.

The Compliance Policy states that

engaging in harassment or other

improper behavior connected with

listing decisions or competitive-related

practices is prohibited. It states also that

listing and delisting decisions must be

made in accordance with Exchange

rules, policies, and procedures.

In addition, the Compliance Policy

states that harassment, retaliation, or

intimidation relating to listing

decisions, prices, spreads, or trade

allocation should be reported to the

Antitrust Compliance Officer or his

designated staff.

The text of the proposed rule change

is available at the principal office of the

Exchange and at the Commission’s

Public Reference Room.

II. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

In its filing with the Commission,

Phlx included statements concerning

the purpose of and 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. Phlx 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 has long insisted that

Covered Persons observe the highest

standards of business ethics and fair

dealing and has therefore filed with the

Commission its Employee Code of

Conduct and Code of Conduct of Board

Members and Committed Members.4 In

an effort to reinforce such standards, in

particular with regard to antitrust and

competition-related behavior, the

Exchange is now proposing to file the

Compliance Policy with the

Commission.

The purpose of the Compliance Policy

is to provide general guidance regarding

antitrust and compliance-related issues,

highlights activities known to raise

concerns, and provide suggestions when

to consult the Antitrust Compliance

Officers or his designated staff. In

addition, the compliance policy

specifically deals with issues raised in

the DOJ and Commission settlement

orders.

The Exchange believes that, by filing

the Compliance Policy with the

Commission, it would be uniformly

applicable to, and violations enforceable

against, all Covered Persons: Exchange

governors, committee members,

employees, members, and member

organizations.

2. Statutory Basis

Phlx believes the proposed rule

change is consistent with section 6 of

the Act 5 in general, and furthers the

objectives of section 6(b)(5) 6 in

particular, in that it is designed to

prevent unsuitable actions by Exchange

governors, committee members,

employees, members, and member

organizations regarding antitrust law

and competition-related behavior.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

Phlx does not believe that the

proposed rule change would impose any

burden on competition.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

Written comments were neither

solicited nor received.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Within 35 days of the date of

publication of this notice in the Federal

Register or within such longer period (i)

as the Commission may designate up to

90 days of such date if it finds such

longer period to be appropriate and

publishes its reasons for so finding or

30784 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices

7 17 CFR 200.30–3(a)(12)

(ii) as to which the Exchange consents,

the Commission will:

(A) By order approve such proposed

rule change; or

(B) Institute proceedings to determine

whether the proposed rule change

should be disapproved.

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 filings will also be

available for inspection and copying at

the principal office of the Phlx. All

submissions should refer to File No.

SR–Phlx–2001–19 and should be

submitted by June 28, 2001.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.7

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–14313 Filed 6–6–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3337]

State of Iowa; Amendment #3

In accordance with a notice received

from the Federal Emergency

Management Agency, dated May 29,

2001, the above-numbered Declaration

is hereby amended to establish the

incident period for this disaster as

beginning on April 8, 2001 and

continuing through May 29, 2001. 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 31, 2001.

James E. Rivera,

Acting Associate Administrator for Disaster

Assistance.

[FR Doc. 01–14303 Filed 6–6–01; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 3690]

Determination Regarding ExportImport Bank Financing of Certain

Defense Articles and Services for the

Government of Venezuela

Pursuant to section 2(b)(6) of the

Export-Import Bank Act of 1945, as

amended, and Executive Order 11958 of

January 18, 1977, as amended by

Executive Order 12680 of July 5, 1989,

I hereby determine that:

(1) The defense articles and services

for which the Government of Venezuela

has requested Export-Import Bank (ExIm) financing, reverse-osmosis water

purification equipment for the

modification of four armed Light

Surface Transport (LST) vessels as part

of an ongoing planned modification and

upgrading of the vessels, are being sold

primarily for anti-narcotics purposes.

(2) The sale of such defense articles

and services is in the national interest

of the United States.

(3) The requirements for a

determination that the Government of

Venezuela has complied with all U.S.-

imposed enduse restrictions on the use

of defense articles and services

previously financed under the Act is

inapplicable at this time because the

three previous transactions have not

been completed. Specifically, although

Ex-Im has approved financing in

connection with the refurbishment of 12

OV–10 aircraft, the refurbishment has

not been completed; two 150-foot

logistic support vessels sold with Ex-Im

financing have not been delivered; and

parts financed by Ex-Im for the

modification of four frigates have not

been installed.

(4) The requirement for a

determination that the Government of

Venezuela has not used defense articles

or services previously provided under

the Act to engage in a consistent pattern

of gross violations of internationally

recognized human rights is also

inapplicable at this time. As stated

above, Ex-Im financing has been used in

connection with three defense articles

or services transactions involving the

Government of Venezuela. One

transaction involves the refurbishment

of aircraft, the second the delivery of

two vessels, and the third the

modification of four vessels, none of

which has been completed.

This determination shall be reported

to Congress and shall be published in

the Federal Register.

Dated: April 24, 2001.

Colin L. Powell,

Secretary of State.

[FR Doc. 01–14387 Filed 6–6–01; 8:45 am]

BILLING CODE 4710–07–U

TENNESSEE VALLEY AUTHORITY

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Tennessee

Valley Authority (Meeting No. 1531).

TIME AND DATE: 2 p.m. (CDT), June 11,

2001.

PLACE: Von Braun Civic Center, 700

Monroe Street, Huntsville, Alabama.

STATUS: Open.

Agenda

Approval of minutes of meeting held

on May 17, 2001.

New Business

B—Purchase Award

B1. Supplement to contract with Swift

Industrial Power for batteries, racks,

chargers, and accessories for

Transmission/Power Supply and River

System Operations and Environment.

B2. Supplement to Contract No.

00XFA–252730–0010 with Staples for

office supplies/equipment and forms

management.

B3. Supplement to Contract No.

99B4P–24442 with Meta-Power, Inc., for

business process redesign consulting

services.

C—Energy

C1. Supplement to Contract No.

99P5K–244546–002 with Thompson

Machinery Company for equipment

rental, repair parts, and repairs.

C2. Contract with Enron North

America Corp. to design, manufacture,

and deliver NOxTech equipment for

designated TVA fossil plants.

C3. Supplement to Contract No.

00PYN–258769 with FLS Miljo to

design, fabricate, and supply

precipitator power supply transformerrectifer sets, controls, and supervisory

systems for Paradise Fossil Plant.

C4. Supplement to Contract No.

96X7C–108889–000 with ABB

Automation, Inc., for genuine ABB

automation spare parts, supplement

equipment, engineered and assembled

systems for system upgrades, services,

and training for any TVA fossil plant.