65526 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices

4For example, trading volume on November 11,

1999, the 1999 McNamara Trading Day, was over

18.1 million shares, triple Phlx’s then average daily

volume.

5Telephone conversation between John Dayton,

Assistant Secretary & Counsel, Phlx, and Steven

Johnston, Special Counsel, Division of Market

Regulation, Commission, on December 10, 2001

(clarifying effect of proposal on transfer of

membership).

6Such Inactive Nominees will return to Inactive

Nominee status at the close of business on

Wednesday, December 5, 2001. In addition, Inactive

Nominees may choose to become an effective

member pursuant to Phlx Rule 21.

7Telephone conversation between John Dayton,

Assistant Secretary & Counsel, Phlx, and Steven

Johnston, Special Counsel, Division of Market

Regulation, Commission, on December 10, 2001

(clarifying combined participation of members and

associated Inactive Nominees in trading, as well as

purpose of combined participation).

8 15 U.S.C. 78f(b).

9 15 U.S.C. 78f(b)(5).

10 15 U.S.C. 78s(b)(3)(A)(i).

11 17 CFR 240.19b–4(f)(1).

12 17 CFR 200.30–3(a)(12).

the places specified in Item IV below.

The 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 purpose of the proposed rule

change is to allow Inactive Nominees,

upon request, to act as effective

members of the Phlx on Wednesday,

December 5, 2001 on the Phlx Equity

Trading Floor. Wednesday, December 5,

2001 is the 6th Annual McNamara

Trading Day benefiting St. Jude

Children’s Research Hospital.

McNamara Trading Company, the

largest floor brokerage member

organization on the Equity Floor,

donates all commissions from the day’s

trading to the St. Jude Children’s

Research Hospital. The Equity Floor

typically experiences a very large

increase in volume that day. The

Exchange believes that making Inactive

Nominees effective members upon their

request on that day should better enable

the Exchange and its members to

maintain fair and orderly markets in

securities due to the expected increased

volume.4

The Phlx has authority to make

Inactive Nominees effective members.

Phlx By-law Article XII, Sections 12–

10(a) and (b) state that an Inactive

Nominee is ‘‘an individual * * *

approved for membership’’ in the

Exchange, but ‘‘shall have no rights or

privileges of membership unless and

until said Inactive Nominee becomes an

effective member.’’ One way that an

Inactive Nominee becomes an effective

member is by assuming, pursuant to

Phlx Rule 21, legal title to a membership

through an intra-firm transfer. This

allows an Inactive Nominee to become

an effective member of the Exchange

through the transfer of a membership

from another member, associated with

the Inactive Nominee’s firm, to the

Inactive Nominee. Consequently, the

member leaving the membership goes

on Inactive Nominee status.

The Exchange now proposes to permit

an Inactive Nominee to become an

effective member on December 5, 2001

without receiving transfer of

membership from the Inactive

Nominee’s associated member.5 To

become an effective member on that

date, an Inactive Nominee need only

request to be made an effective member

to the Exchange’s Membership Services

Department.6 In order to address the

anticipated high volume of trading on

December 5, 2001, both the Inactive

Nominee and the associated member of

the Inactive Nominee’s firm would be

permitted to trade as Exchange members

on the Phlx equity trading floor on that

date.7

(2) Statutory Basis

The Exchange believes that the

current proposal should allow the

Exchange to continue to maintain fair

and orderly markets on the Phlx Equity

Floor on Wednesday, December 5, 2001

in light of the expected increase in

trading activity that day. As such, the

Exchange believes the proposed rule

change is consistent with Section 6(b) of

the Act,8 in general, and furthers the

objectives of Section 6(b)(5) of the Act,9

in particular, because it should promote

just and equitable principles of trade,

facilitate transactions in securities,

remove impediments to and perfect the

mechanism of a free and open market

and a national market system, and

protect investors and the public interest.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Phlx does not believe that the

proposed rule change will impose any

inappropriate burden on competition.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants or Others

No written comments were received.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

The foregoing rule change has become

effective pursuant to Section

19(b)(3)(A)(i) of the Act10 and

subparagraph (f)(1) of Rule 19b–411

thereunder because it constitutes a

stated policy, practice, or interpretation

with respect to the administration of

Phlx By-law Article XII, Section 12–

10(b); namely that Inactive Nominees

could, upon request, be made effective

members for trading on the Phlx Equity

Floor on Wednesday, December 5, 2001.

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 or appropriate in the public

interest, for the protection of investors,

or otherwise in furthance 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 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–2001–110 and should be

submitted by January 9, 2002.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.12

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–31225 Filed 12–18–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

Reporting and Recordkeeping

Requirements Under OMB Review

AGENCY: Small Business Administration.

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices 65527

ACTION: Notice of reporting requirements

submitted for OMB review.

SUMMARY: Under the provisions of the

Paperwork Reduction Act (44 U.S.C.

Chapter 35), agencies are required to

submit proposed reporting and

recordkeeping requirements to OMB for

review and approval, and to publish a

notice in the Federal Register notifying

the public that the agency has made

such a submission.

DATES: Submit comments on or before

January 18, 2002. If you intend to

comment but cannot prepare comments

promptly, please advise the OMB

Reviewer and the Agency Clearance

Officer before the deadline.

Copies: Request for clearance (OMB

83–1), supporting statement, and other

documents submitted to OMB for

review may be obtained from the

Agency Clearance Officer.

ADDRESSES: Address all comments

concerning this notice to: Agency

Clearance Officer, Jacqueline White,

Small Business Administration, 409 3rd

Street, SW., 5th Floor, Washington, DC

20416; and OMB Reviewer, Office of

Information and Regulatory Affairs,

Office of Management and Budget, New

Executive Office Building, Washington,

DC 20503.

FOR FURTHER INFORMATION CONTACT:

Jacqueline White, Agency Clearance

Officer, (202) 205–7044.

SUPPLEMENTARY INFORMATION:

Title: Loan Application.

No: 1244.

Frequency: On Occasion.

Description of Respondents: Certified

Development Companies regulated by

SBA.

Responses: 5,200.

Annual Burden: 11,700.

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 01–31204 Filed 12–18–01; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 3855]

Office of Visa Services; Notice of

Information Collection Under

Emergency Review: Form DS–157,

Supplemental Nonimmigrant Visa

Application

ACTION: Notice.

SUMMARY: The Department of State has

submitted the following information

collection request to the Office of

Management and Budget (OMB) for

review and approval in accordance with

the emergency review procedures of the

Paperwork Reduction Act of 1995.

Type of Request: Emergency Review.

Originating Office: Bureau of Consular

Affairs, Department of State (CA/VO).

Title of Information Collection:

Supplemental Nonimmigrant Visa

Application.

Frequency: Once per respondent.

Form Number: DS–157.

Respondents: All nonimmigrant visa

applicants.

Estimated Number of Respondents:

9,600,000.

Average Hours Per Response: 1 hour.

Total Estimated Burden: 9,600,000

hours.

The proposed information collection

is published to obtain comments from

the public and affected agencies.

Emergency review and approval of this

collection has been requested from OMB

by December 20, 2001. If granted, the

emergency approval is valid only for

180 days. Comments should be directed

to the State Department Desk Officer,

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20530,

who may be reached on 202–395–3897.

During the first 60 days of this same

period a regular review of this

information collection is also being

undertaken. Comments are encouraged

and will be accepted until 60 days from

the date that this notice is published in

the Federal Register. The agency

requests written comments and

suggestions from the public and affected

agencies concerning the proposed

collection of information. Your

comments are being solicited to permit

the agency to:

• Evaluate whether the proposed

information collection is necessary for

the proper performance of the functions

of the agency, including whether the

information will have practical utility.

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection, including the

validity of the methodology and

assumptions used.

• Enhance the quality, utility, and

clarity of the information to be

collected.

• Minimize the reporting burden on

those who are to respond, including

through the use of automated collection

techniques or other forms of technology.

FOR ADDITIONAL INFORMATION CONTACT:

Public comments, or requests for

additional information, regarding the

collection listed in this notice should be

directed to Eric Cohan of the Office of

Visa Services, U.S. Department of State,

2401 E St. NW., Rm L–703, Washington,

DC 20520, who may be reached on 202–

663–1164.

Dated: December 12, 2001.

Catherine Barry,

Acting Deputy Assistant Secretary of State

for Visa Services, Bureau of Consular Affairs,

Department of State.

[FR Doc. 01–31356 Filed 12–18–01; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF STATE

[Public Notice Number 3831]

Overseas Schools Advisory Council;

Notice of Meeting

The Overseas Schools Advisory

Council, Department of State, will hold

its Executive Committee Meeting on

Thursday, January 31, 2002, at 9:30 a.m.

in Conference Room 1105, Department

of State Building, 2201 C Street, NW,

Washington, DC. The meeting is open to

the public.

The Overseas Schools Advisory

Council works closely with the U.S.

business community in improving those

American-sponsored schools overseas,

which are assisted by the Department of

State and which are attended by

dependents of U.S. Government families

and children of employees of U.S.

corporations and foundations abroad.

This meeting will deal with issues

related to the work and the support

provided by the Overseas Schools

Advisory Council to the Americansponsored overseas schools. The agenda

includes a review of the recent activities

of American-sponsored overseas schools

and the overseas schools regional

associations, a presentation on the

status of education in the United States

and its impact on American-sponsored

overseas schools, and selection of

projects for the 2002 program.

Members of the general public may

attend the meeting and join in the

discussion, subject to the instructions of

the Chair. Admittance of public

members will be limited to the seating

available. Access to the State

Department is controlled, and

individual building passes are required

for all attendees. Persons who plan to

attend should so advise the office of Dr.

Keith D. Miller, Department of State,

Office of Overseas Schools, Room H328,

SA–1, Washington, DC 20522–0132,

telephone 202–261–8200, prior to

January 21, 2002. Each visitor will be

asked to provide a date of birth and

Social Security number at the time of

registration and attendance and must

carry a valid photo ID to the meeting.

All attendees must use the C Street

entrance to the building.