Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Notices 32859

15As required under Rule 19b–4(f)(6)(iii), the

Exchange provided the Commission with written

notice of its intent to file the proposed rule change

at least five business days prior to the filing date

or such shorter period as designated by the

Commission.

16 15 U.S.C. 78s(b)(3)(A).

17 17 CFR 240.19b–4(f)(6).

18See supra note 8.

19For purposes only of accelerating the operative

date of this proposal, the Commission has

considered the proposed rule’s impact on

efficiency, competition, and capital formation. 15

U.S.C. 78c(f).

20See Section 19(b)(3)(C) of the Act, 15 U.S.C.

78(b)(3)(C).

21 17 CFR 200.30–3(a)(12).

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

2 17 CFR 240.19b–4.

3Securities Exchange Act Release No. 44102

(March 26, 2001), 66 FR 17591 (April 2, 2001).

4 15 U.S.C. 78s(b)(2).

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants or Others

No written comments were either

solicited or received.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Because the foregoing proposed rule

change: (1) Does not significantly affect

the protection of investors or the public

interest; (2) does not impose any

significant burden on competition; and

(3) does not become operative for 30

days after the date of filing, or such

shorter time as the Commission may

designate if consistent with the

protection of investors and the public

interest,15 the proposed rule change has

become effective pursuant to section

19(b)(3)(A) 16 of the Act and Rule 19b–

4(f)(6) 17 thereunder.

A proposed rule change filed under

Rule 19b–4(f)(6) normally does not

become operative prior to 30 days after

the date of filing. However, Rule 19b–

4(f)(6)(iii) permits the Commission to

designate a shorter time if such action

is consistent with the protection of

investors and the public interest. The

Phlx seeks to have the proposed rule

change become operative immediately

in order to remain competitive with

other exchanges with similar rules in

effect.18

The Commission, consistent with the

protection of investors and the public

interest, has determined to make the

proposed rule change operative

immediately upon filing as of May 21,

2001, to allow the Phlx to compete with

other options exchanges that currently

have a maximum automatic execution

eligibility limit of 100 contracts.19 At

any time within 60 days of the filing of

the proposed rule change, the

Commission may summarily abrogate

such 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.20

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–2001–51 and should be

submitted by July 9, 2001.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.21

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–15222 Filed 6–15–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–44405; File No. SR–Phlx–

2001–08]

Self-Regulatory Organizations; Order

Approving and Notice of Filing and

Other Granting Accelerated Approval

of Amendment No. 1 to the Proposed

Rule Change of the Philadelphia Stock

Exchange, Inc. Concerning the

Maintenance, Retention, and

Furnishing of Records and Other

Information Related to Payment for

Order Flow Arrangements

June 11, 2001.

On January 19, 2001, pursuant to

Section 19(b)(1) of the Securities

Exchange Act of 1934 (Act) 1 and Rule

19b–4 thereunder,2 the Philadelphia

Stock Exchange, Inc. (Phlx) filed with

the Securities and Exchange

Commission a proposed rule change to

amend Phlx Rule 760 to require Phlx

members and member organizations to

make, keep current, and preserve

records relating to payment for order

flow arrangements and, upon request, to

make those records available to the Phlx

for inspection and review. The proposed

change was published for comment in

the Federal Register on April 2, 2001.3

The Commission received no comments

on the proposal.

On May 22, 2001, the Phlx filed

Amendment No. 1 to the proposed rule

change, which replaced the original

filing in its entirety. Amendment No. 1

added supplemental language to Phlx

Rule 760 to clarify that the

recordkeeping requirement apply only

to Phlx specialists and specialist units

that participate in the Phlx’s payment

for order flow program, and not to all

Phlx members generally. The text of the

proposed rule change is available at the

principal offices of the Phlx and at the

Commission. The Commission is

publishing this notice to solicit

comments on the proposed rule change,

as amended by Amendment No. 1, and

is issuing this Order approving the

proposed amended rule change.

Pursuant to Section 19(b)(2) of the

Act,4 the Commission has determined to

accelerate approval of the proposed rule

change. The Commission notes that,

prior to the filing of Amendment No. 1,

the proposed rule change was noticed

for public comment and did not attract

any comments. Because Amendment

No. 1 to the proposed rule change

simply clarifies that the proposed

recordkeeping requirements apply only

to Phlx specialists and Phlx specialist

units and not to Phlx members

generally, the Commission finds good

cause to approve the proposed rule

change prior to the thirtieth day after

the date of publication of notice of this

filing in the Federal Register. The

Commission believes that the proposed

rule change, as amended, will assist the

Phlx to review and verify that its

payment for order flow program is being

administered pursuant to the terms that

the Phlx has established.

The Commission finds that the

proposed rule change, as amended by

Amendment No. 1, is consistent with

the requirements of the Act and the

rules and regulations thereunder

applicable to a national securities

exchange, particularly Section 6 of the

32860 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Notices

5 15 U.S.C. 78f.

6 In approving this proposed rule change, the

Commission notes that it has considered the

proposed rule’s impact on efficiency, competition,

and capital formation. 15 U.S.C. 78c(f).

7 15 U.S.C. 78f(b)(5).

8 15 U.S.C. 78s(b)(2).

9 17 CFR 200.30–3(a)(12).

Act 5 and the rules and regulations

thereunder.6 The Commission also finds

that the proposed rule change, as

amended, will promote just and

equitable principles of trade consistent

with Section 6(b)(5) of the Act.7

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing,

including whether the proposed rule

change, as amended, is consistent with

the Act. Persons making written

submission 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–2001–08 and should be

submitted by July 9, 2001.

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act,8 that the

proposed rule change (File No. SR–

Phlx–2001–08), as amended, be, and it

hereby is, approved.

For the Commission, by the Division

of Market Regulation, pursuant to

delegated authority.9

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–15223 Filed 6–15–01; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Notice of Changes in Magnetic Media

Filing Requirements for Form W–2

Wage Reports

AGENCY: Social Security Administration

(SSA).

ACTION: Notice.

SUMMARY: Notice is hereby given that

SSA will incorporate a change to its

Magnetic Media Reporting and

Electronic Filing (MMREF) publication

under which SSA will no longer accept

annual Form W–2 wage reports filed

using value added networks (VANs) or

dial-up networking, beginning with

calendar year 2002. Instead, such wage

reports shall be filed by employers or

third-party preparers using SSA’s

Employer Services Online (ESO), 3 1⁄2

inch diskettes, 1⁄2 inch tapes, or 3480/

3490 cartridges. The MMREF

publication and additional information

on wage report filing can be obtained by

accessing SSA’s employer reporting web

site at www.ssa.gov/employer or by

calling 800–772–6270.

DATES: Comments must be received on

or before July 15, 2001.

ADDRESSES: Comments on this change

should be mailed or delivered to

Norman Goldstein, Senior Financial

Executive, Social Security

Administration, Room 834, Altmeyer

Building, Baltimore, MD 21235; or sent

by telefax to (410) 966–8753.

FOR FURTHER INFORMATION CONTACT:

Mark Ruley, Financial Management

Analyst, Social Security Administration,

Room 834, Altmeyer Building,

Baltimore, MD 21235; telefax (410) 966–

8753.

Dated: June 12, 2001.

Richard Harron,

Director, Division of Coverage and Support.

[FR Doc. 01–15351 Filed 6–15–01; 8:45 am]

BILLING CODE 4191–02–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart B (Formerly Subpart Q)

During the Week Ending June 8, 2001

SUMMARY: The following Applications

for Certificates of Public Convenience

and Necessity and Foreign Air Carrier

Permits were filed under Subpart B

(formerly Subpart Q) of the Department

of Transportation’s Procedural

Regulations (See 14 CFR 301.201 et

seq.). The due date for Answers,

Conforming Applications, or Motions to

Modify Scope are set forth below for

each application. Following the Answer

period, DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–1995–969.

Date Filed: June 5, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: June 26, 2001.

Description: Application of Northwest

Airlines, Inc., pursuant to 49 U.S.C.

Section 41101 and Subpart B, requesting

that the Department renew Segment 2 of

Northwest’s Route 378 Certificate of

Public Convenience and Necessity.

Northwest also requests that the

Department integrate this certificate

authority with all of Northwest’s

existing certificate and exemption

authority to the extent consistent with

U.S. bilateral agreements and DOT

policy.

Docket Number: OST–2001–9855.

Date Filed: June 7, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: June 28, 2001.

Description: Application of Delta Air

Lines, Inc., pursuant to 49 U.S.C.

Sections 41102 and 41108 and Subpart

B, requesting renewal of its authority to

engage in foreign air transportation of

persons, property and mail between the

United States and Athens, Greece,

which is a foreign point named on

segments 3 and 9 of its certificate of

public convenience and necessity for

Route 616.

Docket Number: OST–1995–869.

Date Filed: June 8, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: June 29, 2001.

Description: Application of

Continental Micronesia, Inc., pursuant

to 49 U.S.C. Section 41102 and Subpart

B, requesting renewal of its Segment 10

(Guam-Tokyo) Route 171 certificate

authority for a period of no less than

five years.

Docket Number: OST–1996–1318.

Date Filed: June 8, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: June 29, 2001.

Description: Application of

Continental Airlines, Inc., pursuant to

49 U.S.C. Section 41102, requesting

renewal of its Route 645 certificate

authorizing Continental to provide

scheduled air transportation of persons,

property and mail between Houston and

the coterminal points Barranquilla,

Bogota and Cali, Colombia, via the

intermediate point San Jose, Costa Rica,

and to combine services on Route 645

with other Continental services

authorized by certificate and exemption

for a period of no less than five years.

Docket Number: OST–2001–9880.

Date Filed: June 8, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: June 29, 2001.