Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Notices 31261

at the Davis-Besse Nuclear Power

Station in Ottawa County, Ohio.

Environmental Assessment (EA)

Identification of Proposed Action: By

letter dated April 9, 2001, First Energy

requested a scheduler exemption from

the implementation date of April 5,

2001, for the revised 10 CFR 72.48. First

Energy plans to implement its revised

10 CFR 50.59 and 10 CFR 72.48

programs simultaneously. The planned

date for implementing the revised 10

CFR 50.59 requirements is June 30,

2001.

Need for Proposed Action: The

applicant wants the implementation

date of 10 CFR 50.59 and 10 CFR 72.48

to coincide. The applicant stated in the

April 9, 2001, submittal that it is

prudent to take a common approach in

administering the implementation of 10

CFR 50.59 and 10 CFR 72.48, since there

are similarities between the two

requirements. Simultaneous

implementation of the amended

requirements will provide for an orderly

transition and alignment of the

programs for the revised regulations.

Environmental Impacts of the

Proposed Action: There are no

significant environmental impacts

associated with the proposed action.

The new revision of 10 CFR 72.48 is

considered less restrictive than the

current requirements, with the

exception of the additional reporting

requirements. Continued

implementation of the existing 10 CFR

72.48 until June 30, 2001, is acceptable

to the NRC as stated in Regulatory

Issues Summary 2001–03 which states

that it is the NRC’s view that both the

old rule and the new rule provide an

acceptable level of safety. Extending the

current requirements until June 30,

2001, has no significant impact on the

environment.

Alternative to the Proposed Action:

Since there are no environmental

impacts associated with the proposed

action, alternatives are not evaluated

other than the no action alternative. The

alternative to the proposed action would

be to deny approval of the scheduler

exemption and, therefore, not allow

First Energy to implement the revised

10 CFR 72.48 requirements on the

desired date, June 30, 2001. However,

the environmental impacts of the

proposed action and the alternative

would be the same.

Agencies and Persons Consulted: On

May 10, 2001, Ohio state official, Ms.

Carol O’Claire, Radiological Branch

Chief, Ohio Emergency Management

Agency, was contacted regarding the

environmental assessment for the

proposed action and had no comment.

Finding of No Significant Impact

The environmental impacts of the

proposed action have been reviewed in

accordance with the requirements set

forth in 10 CFR Part 51. Based upon the

foregoing EA, the Commission finds that

the proposed action of granting an

exemption from 10 CFR 72.48, so that

First Energy may implement the

amended requirements on June 30,

2001, will not significantly impact the

quality of human environment.

Accordingly, the Commission has

determined that an environmental

impact statement for the proposed

action is not necessary.

The request for exemption was

docketed under 10 CFR Part 72, Docket

72–14. The NRC maintains an

Agencywide Documents Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. These documents

may be accessed through the NRC’s

Public Electronic Reading Room on the

Internet at http://www.nrc.gov/NRC/

ADAMS/index.html. If you do not have

access to ADAMS or if there are

problems in accessing the documents

located in ADAMS, contact the NRC

Public Document Room (PDR) Reference

staff at 1–800–397–4209, 301–415–4737

or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 31st day

of May 2001.

For the Nuclear Regulatory Commission.

Charles L. Miller,

Deputy Director, Licensing and Inspection

Directorate,Spent Fuel Project Office, Office

of Nuclear Material Safety and Safeguards.

[FR Doc. 01–14602 Filed 6–8–01; 8:45 am]

BILLING CODE 7590–01–U

NUCLEAR REGULATORY

COMMISSION

Advisory Committee on Reactor

Safeguards; Meeting of the Joint ACRS

Subcommittee on Plant Operations

and Fire Protection; Notice of Meeting

The ACRS Subcommittee on Plant

Operations and Fire Protection will hold

a joint meeting on June 28, 2001, at

Region IV, 611 Ryan Plaza Drive, Suite

400, Arlington, Texas.

The entire meeting will be open to

public attendance.

The agenda for the subject meeting

shall be as follows:

Thursday, June 28, 2001—8:30 a.m.

Until the Conclusion of Business

The Subcommittees will discuss

issues of mutual interest in the areas of

fire protection and plant operation. The

purpose of this meeting is to gather

information, analyze relevant issues and

facts, and to formulate proposed

positions and actions, as appropriate,

for deliberation by the full Committee.

Oral statements may be presented by

members of the public with the

concurrence of the Subcommittee

Chairman and written statements will

be accepted and made available to the

Committee. Electronic recordings will

be permitted only during those portions

of the meeting that are open to the

public, and questions may be asked only

by members of the Subcommittees, their

consultants, and staff. Persons desiring

to make oral statements should notify

the cognizant ACRS staff engineer

named below five days prior to the

meeting, if possible, so that appropriate

arrangements can be made.

During the initial portion of the

meeting, the Subcommittees, along with

any of their consultants who may be

present, may exchange preliminary

views regarding matters to be

considered during the balance of the

meeting.

The Subcommittees will then hear

presentations by and hold discussions

with representatives of the NRC staff,

and other interested persons regarding

this review.

Further information regarding topics

to be discussed, whether the meeting

has been canceled or rescheduled, and

the Chairman’s ruling on requests for

the opportunity to present oral

statements and the time allotted

therefore, can be obtained by contacting

the cognizant ACRS staff engineer, Mr.

Amarjit Singh (telephone: 301/415–

6899) between 7:30 a.m. and 4:30 p.m.

(EDT). Persons planning to attend this

meeting are urged to contact the above

named individual one or two working

days prior to the meeting to be advised

of any potential changes to the agenda,

etc., that may have occurred.

Dated: June 5, 2001.

James E. Lyons,

Associate Director for Technical Support.

[FR Doc. 01–14600 Filed 6–8–01; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Extension: Rule 19b–5 and Form PILOT;

SEC File No. 270–448; OMB Control No.

3235–0507]

Submission for OMB Review;

Comment Request;

Upon Written Request, Copies

Available From: Securities and

Exchange Commission, Office of Filings

and Information Services, Washington,

DC 20549

31262 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Notices

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

2 17 CFR 240.19b–4.

3See August 2, 2000 letter from Kathleen A.

O’Mara, Assistant General Counsel, NASD

Regulation, to Katherine A. England, Assistant

Director, Division of Market Regulation

(‘‘Division’’), SEC (‘‘Amendment No. 1’’). In

Amendment No. 1, NASD Regulation broadened the

scope of the proposed rule change.

4See Securities Exchange Act Release No. 43346

(September 26, 2000), 65 FR 59036.

5See October 30, 2000 letter from Cameron

Smith, General Counsel, Island ECN, Inc. to

Jonathan Katz, Secretary, SEC (‘‘Island Letter’’).

6The Commission may impose trading

suspensions in the United States securities markets

under Section 12(k) of the Act. See 15 U.S.C. 781(k).

NASD Rule 4120 provides that Nasdaq may halt

trading: (1) In the over-the-counter market of a

security listed on Nasdaq to permit the

dissemination of material news; or (2) in the overthe-counter market of a security listed on a national

securities exchange during a trading halt imposed

by such exchange to permit the dissemination of

material news; or (3) by (i) Consolidated Quotation

System (‘‘CQS’’) market makers in a CQS security

because of an order imbalance or influx

(‘‘operational trade halt’’); or (ii) Nasdaq market

makers in a security listed on Nasdaq, when the

security is a derivative or component of a CQS

security and a national securities exchange imposes

an operational trading halt in that CQS security; or

(4) in an American Depositary Receipt (‘‘ADR’’) or

other security listed on Nasdaq, when the Nasdaqlisted security or the security underlying the ADR

is listed on or registered with a national or foreign

securities exchange or market, and the national or

foreign securities exchange or market, or regulatory

authority overseeing such exchange or market, halts

trading in such security for regulatory reasons; or

(5) in a security listed on Nasdaq when Nasdaq

requests from the issuer information relating to: (i)

Material news; (ii) the issuer’s ability to meet

Nasdaq listing qualification requirements, as set

forth in NASD Rule 4300 and 4400 Series; or (iii)

any other information which is necessary to protect

investors and the public interest. See also Securities

Exchange Act Release No. 42806 (May 22, 2000), 65

FR 34518 (May 30, 2000) (SR–NASD–99–33), which

establishes Nasdaq’s trade and quote halt authority

in certain specific circumstances in securities

included in the OTC Bulletin Board Service

(‘‘OTCBB’’), and Notice to Members 99–69 soliciting

comments on whether NASD Regulation should

have authority to halt trading in non-Nasdaq, nonOTCBB, over-the-counter securities under certain

circumstances.

7NASD Rule 3310 states that: [n]o member shall

publish or circulate, or cause to be published or

circulated, any notice, circular, advertisement,

newspaper article, investment service, or

Notice is hereby given that pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission

(‘‘Commission’’) has submitted to the

Office of Management and Budget a

request for extension of the previously

approved collection of information

discussed below.

Rule 19b–5 provides a temporary

exemption from the rule-filing

requirements of Section 19(b) of the

Securities Exchange Act of 1934 (‘‘Act’’)

to self-regulatory organizations

(‘‘SROs’’) wishing to establish and

operate pilot trading systems. Rule 19b–

5 permits an SRO to develop a pilot

trading system and to begin operation of

such system shortly after submitting an

initial report on Form PILOT to the

Commission. During operation of the

pilot trading system, the SRO must

submit quarterly reports of the system’s

operation to the Commission, as well as

timely amendments describing any

material changes to the system. After

two years of operating such pilot trading

system under the exemption afforded by

Rule 19b–5, the SRO must submit a rule

filing pursuant to Section 19(b)(2) of the

Act in order to obtain permanent

approval of the pilot trading system

from the Commission.

The collection of information is

designed to allow the Commission to

maintain an accurate record of all new

pilot trading systems operated by SROs

and to determine whether an SRO has

properly availed itself of the exemption

afforded by Rule 19b–5.

The respondents to the collection of

information are SROs, as defined by the

Act, including national securities

exchanges and national securities

associations.

Ten respondents file an average total

of 6 initial reports, 24 quarterly reports,

and 12 amendments per year, with an

estimated total annual response burden

of 252 hours. At an average hourly cost

of $51.71, the aggregate related cost of

compliance with Rule 19b–5 for all

respondents is $13,032 per year (252

burden hours multiplied by $51.71/

hour=$13,032).

Although Rule 19b–5 does not in

itself impose recordkeeping burdens on

SROs, it relies on existing requirements

imposed by Rule 17a–1 under the Act to

require SROs to retain all the rules and

procedures relating to each pilot trading

system operating pursuant to Rule 19b–

5 and to make such records available for

Commission inspection for a period of

not less than five years, the first two

years in an easily accessible place.

Compliance with Rule 19b–5 is

mandatory. Information received in

response to Rule 19b–5 shall be

available only for examination by the

Commission, other agencies of the

federal government, state securities

authorities and SROs.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

Written comments regarding the

above information should be directed to

the following persons: (a) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Room 10102,

New Executive Office Building,

Washington, DC 20503; and (b) Michael

E. Bartell, Associate Executive Director,

Office of Information Technology,

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549. Comments must be submitted to

the Office of Management and Budget

within 30 days of this notice.

Dated: June 4, 2001.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–14585 Filed 6–8–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–44390; File No. SR–NASD–

00–33]

Self-Regulatory Organizations; Order

Approving Proposed Rule Change by

the National Association of Securities

Dealers, Inc. To Amend NASD Rule

3340 To Prohibit Publication of

Quotations or Indications of Interest in

a Security During a Trading Halt

June 5, 2001.

I. Introduction

On June 7, 2000, the National

Association of Securities Dealers, Inc.

(‘‘NASD’’ or ‘‘Association’’), through its

wholly owned subsidiary, NASD

Regulation, Inc. (‘‘NASD Regulation’’),

filed with the Securities and Exchange

Commission (‘‘Commission’’ or ‘‘SEC’’)

a proposed rule change pursuant to

Section 19(b)(1) of the Securities

Exchange Act of 1934 (‘‘Act’’) 1 and Rule

19b–4 thereunder.2 On August 2, 2000,

NASD Regulation amended the

proposal.3 Notice of the proposed rule

change, as amended, was published for

comment in the Federal Register on

October 3, 2000.4 The Commission

received one comment letter regarding

the proposal.5 This order approves the

proposed rule change.

II. Description of the Proposal

NASD Regulation proposes to amend

NASD Rule 3340 to expressly prohibit

members from publishing quotations in

a security during a trading halt.

According to NASD Regulation, the

purpose of the rule change is to

expressly prohibit members from

publishing quotations or indications of

interest in a security during a trading

halt. Currently, NASD Rule 3340

prohibits members from effecting a

transaction in a security during a

trading halt, but does not expressly state

that members are prohibited from

publishing quotations or indications of

interest.6 However, NASD Rules 3310 7