Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices 12823

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

2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A).

4 17 CFR 240.19b–4(f)(2). 5 VWAP is registered trademark of the Universal

Trading Technologies Corporation (‘‘UTTC’’).

6 eVWAPTM was developed by UTTC, and was

approved by the Commission to operate as a facility

Continued

[FR Doc. 01–4862 Filed 2–27–01; 8:45 am]

BILLING CODE 3110–01–P

OVERSEAS PRIVATE INVESTMENT

CORPORATION

Sunshine Act Meeting

AGENCY: Overseas Private Investment

Corporation.

PURPOSE: Public Hearing in conjunction

with quarterly meeting of OPIC’s Board

of Directors, to afford an opportunity for

any person to present views regarding

the activities of the Corporation.

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 66 FR 11188, February

22, 2001.

CHANGES IN THE MEETING: Public Hearing

originally scheduled for 2:00 p.m.,

Thursday, March 8, 2001 postponed.

The Public Hearing previously

scheduled for 2 p.m. on Thursday,

March 8, 2001 has been postponed until

further notice.

Connie M. Downs,

Corporate Secretary, Overseas Private

Investment Corporation.

[FR Doc. 01–4935 Filed 2–23–01; 4:40 pm]

BILLING CODE 3210–10–M

PENSION BENEFIT GUARANTY

CORPORATION

Agency Information Collection

Activities: Submission of Information

Collection for OMB Review—

Termination of Single Employer Plans;

Missing Participants; PBGC Forms

500–501, 600–602

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Notice of request for extension

of OMB approval.

SUMMARY: The Pension Benefit Guaranty

Corporation (‘‘PBGC’’) is requesting that

the Office of Management and Budget

(‘‘OMB’’) extend approval, under the

Paperwork Reduction Act, of a

collection of information in its

regulations on Termination of Single

Employer Plans and Missing

Participants, and implementing forms

and instructions (OMB control number

1212–0036, expires March 31, 2001.)

This notice informs the public of the

PBGC’s request and solicits public

comment on the collection of

information.

DATES: Comments should be submitted

by March 30, 2001.

ADDRESSES: Comments should be

mailed to the Office of Information and

Regulatory Affairs of the Office of

Management and Budget, Attention:

Desk Officer for Pension Benefit

Guaranty Corporation, Washington, DC

20503. Copies of the request for

extension (including the collection of

information) are available from the

Communications and Public Affairs

Department of the Pension Benefit

Guaranty Corporation, suite 240, 1200 K

Street, NW., Washington, DC, 20005–

4026, between 9 a.m. and 4 p.m. on

business days.

FOR FURTHER INFORMATION CONTACT:

Catherine B. Klion, Attorney, Office of

the General Counsel, PBGC, 1200 K

Street, NW., Washington, DC 20005–

4026; 202–326–4024. (For TTY/TDD

users, call the Federal relay service tollfree at 1–800–877–8339 and ask to be

connected to 202–326–4024.)

SUPPLEMENTARY INFORMATION: Under

section 4041 of the Employee

Retirement Income Security Act of 1974,

as amended, a single-employer pension

plan may terminate voluntarily only if

it satisfies the requirements for either a

standard or a distress termination.

Pursuant to ERISA section 4041(b), for

standard terminations, and section

4041(c), for distress terminations, and

the PBGC’s termination regulation (29

CFR part 4041), a plan administrator

wishing to terminate a plan is required

to submit specified information to the

PBGC in support of the proposed

termination and to provide specified

information regarding the proposed

termination to third parties

(participants, beneficiaries, alternate

payees, and employee organizations). In

the case of a plan with participants or

beneficiaries who cannot be located

when their benefits are to be distributed,

the plan administrator is subject to the

requirements of ERISA section 4050 and

the PBGC’s missing participants

regulation (29 CFR part 4050). (These

regulations may be accessed on the

PBGC’s web site at http://

www.pbgc.gov.)

The collection of information under

these regulations and implementing

forms and instructions has been

approved by OMB under control

number 1212–0036 (expires March 31,

2001). The PBGC is requesting that OMB

extend its approval for three years.

The PBGC estimates that 1,564 plan

administrators will be subject to the

collection of information requirements

in the PBGC’s termination and missing

participants regulations and

implementing forms and instructions

each year, and that the total annual

burden of complying with these

requirements is 2,246 hours and

$1,864,600. (Much of the work

associated with terminating a plan is

performed for purposes other than

meeting these requirements.)

Issued in Washington, DC, this 23rd day of

February, 2001.

Stuart A. Sirkin,

Director, Corporate Policy and Research

Department, Pension Benefit Guaranty

Corporation.

[FR Doc. 01–4898 Filed 2–27–01; 8:45 am]

BILLING CODE 7708–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–43994; File No. SR–PHLX–

01–13]

Self-Regulatory Organizations; Notice

of Filing and Immediate Effectiveness

of Proposed Rule Change by the

Philadelphia Stock Exchange, Inc.

Relating to Fees for Transactions

Executed Through the eVWAP Trading

System

February 22, 2001.

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

Securities Exchange Act of 1934

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

notice is hereby given that on January

29, 2001, the Philadelphia Stock

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

filed with the Securities and Exchange

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

the proposed rule change as described

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

have been prepared by Phlx. Phlx filed

the proposed rule change pursuant to

Section 19(b)(3)(A) of the Act,3 and Rule

19b–4(f)(2) thereunder.4 Pursuant to

Rule 19b–4(f)(2), Phlx has designated

this proposal as one changing a due, fee

or charge imposed by the Exchange. As

such, the proposed rule change is

immediately effective upon the

Commission’s receipt of this filing. 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

Pursuant to Rule 19b–4 of the Act,

Phlx is revising its fee schedule

governing transactions executed through

the Volume Weighted Average Price

(‘‘VWAP’’),5 Trading System

(‘‘eVWAP’’).6

12824 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices

of the Exchange. See Securities Exchange Act

Release No. 41210 (March 24, 1999), 64 FR 15857

(April 1, 1999) (SR–Phlx–96–14). The Commission

approved the facility to operate as a pilot program

until November 30, 2001. See Securities Exchange

Act Release No. 43477 (October 23, 2000), 65 FR

64734 (October 30, 2000) SR–Phlx–00–84). 7See Phlx Rule 237. 8See Securities Exchange Act Release No. 41646

(July 23, 1999), 64 FR 41480 (July 30, 1999) (SR–

Phlx–99–21).

9The proposed monthly volume discounts are not

graduated and if a user reaches a discount

threshold, the user’s entire eVWAP trades for the

month in the category receive the benefit of the fee

discount.

10 Intra-firm cross trades refer to cross trades

where the identified contra-sides are from the same

firm. Because the same firm is on both sides of an

intra-firm cross trade, the proposed $0.00125 per

share fee applies to each side, thus totaling $0.0025

per share.

11 Intra-firm cross trades refer to cross trades

where the identified contra-sides are from different

firms.

12Enrolled committers enter liquidity

commitments on a good-till cancelled basis.

13Ad hoc Committers or liquidity providers enter

liquidity commitments on a day-only basis.

14The broker-dealer category applies to both

member and non-member broker-dealers. A brokerdealer’s principal trade volume will be included

with its agency trade volume in calculating such

broker-dealer’s monthly agency trade volume

discount. These volume discounts likewise are not

graduated.

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

16 17 CFR 240.19b–4(f)(2).

II. Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

In its filling 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

The purpose of the proposed rule

change is to amend the Exchange’s

current fee schedule for eVWAP

transactions. The eVWAP is a preopening order matching session for the

electronic execution of large-sized stock

orders at a standardized VWAP price

(‘‘eVWAP Price’’).7 The Exchange

established the initial eVWAP fee

schedule in July, 1999.8 The revised fee

schedule, like the current schedule, will

apply to Phlx member firms who will be

billed and held responsible for paying

such fees. The revised fee schedule was

effective on February 1, 2001. The Phlx

endeavored to issue a notice to its

members of the revised fee schedule

before its effectiveness on February 1,

2001.

The Phlx has been advised by UTTC

that the demand that exists for eVWAP

is price sensitive to transaction costs.

Therefore, the Phlx believes that the

revised fee schedule should encourage

greater use of the eVWAP system.

Fees will continue to vary depending

upon the ultimate user (e.g.,

institutional, broker-dealer, Committer),

type of trade (e.g., cross versus noncross), and volume of user activity. The

fee schedule amendments are as

follows:

1. Institutional user and retail

customer (non-cross trades and direct

access):

• 0 to 10 million shares per year

changed to 0 to 750,000 shares per

month: $0.02 per share changed to

$0.015 per share.

• Greater than 10 million shares to 20

million shares per year changed to

greater than 750,000 shares to 1.5

million shares per month: $0.015 per

share changed to $0.01 per share.

• Greater than 20 million shares per

year changed to greater than 1.5 million

shares per month: $0.01 per share

changed to $0.005 per share.9

2. Institutional user and retail

customer (cross trades):

• Intra-firm: changed from $0.005 to

$0.00125 per share.10

• Inter-firm: changed from $0.01 to

$0.00125 per share.11

3. Non-member/non-institutional user

category, along with its $0.015 per share

fee, is eliminated.

4. Enrolled 12 specialist or alternate

specialist Committer: No charge.

5. Enrolled member off-floor liquidity

provider: changed from $0.01 per share

to no charge.

6. Ad hoc 13 Committer or liquidity

provider: $0.005 per share.

7. Member user category, along with

its $0.01 per share fee, is eliminated.

8. Broker-dealer user (not enrolled as

Committer) category added:

• Principal trades: $0.005 per share

• Agency trades (entered by broker) 0

to 1.5 million shares per month: $0.01

per share

• Greater than 1.5 million shares per

month: $0.005 per share.14

The proposed rule change is

consistent with Section 6(b)(4) of the

Act in that it provides for the equitable

allocation of reasonable fees and other

charges among members using eVWAP.

The Exchange further believes that the

proposed fee schedule amendments

should help attract increased

participation and order flow to the

system.

(B) Self-Regulatory Organization’s

Statement on Burden on Competition

Phlx does not believe that the

proposed rule change will result in any

burden on completion not necessary or

appropriate in furtherance of the

purposes of the Act.

(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

Because the foregoing rule changes a

due, fee or charge imposed upon by the

Exchange, it has become effective

pursuant to Section 19(b)(3)(A) 15 of the

Act and Rule 19b–4(f)(2) 16 thereunder.

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 furtherance 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 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 Phlx. All

submissions should refer to SR–Phlx–

01–13 and should be submitted by

March 21, 2001.

Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices 12825

17 17 CFR 200.30–3(a)(12).

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.17

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–4843 Filed 2–27–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

Privacy Act System of Records Notice

AGENCY: Small Business Administration.

ACTION: Notice of new system of records.

SUMMARY: The Small Business

Administration is adding a new system

of records to the Agency’s Privacy Act

System of Records. The new system is

called ‘‘Cost Allocation Data System’’

(CADS). The purpose of CADS is to

collect uniform information on

employee time and Agency costs for the

Office of the Chief Financial Officer. It

collects the percentage (%) of time that

each SBA employee spent on

administering the various SBA programs

and activities via a web-based survey.

Later, the survey result is matched

against the Agency payroll file based on

the employee’s Social Security Number,

first and last name. Data collected is to

be used to develop accurate cost data for

Agency’s various programs and

activities. It supports the Agency’s

budget, financial reporting and the

Government Performance & Results Act

(GPRA) requirements. Generally,

designated Program Managers in

Headquarters and the District Directors

will have access to individual survey

results for quality assurance purpose.

They will also have access to loan

program data for management analysis.

DATES: The new system will be effective

without further notice, unless comments

are received that result in a need for

modification.

ADDRESSES: Address comments to

Joseph Lodo, Chief Financial Officer,

Office of the Chief Financial Officer,

Small Business Administration, 409 3rd

Street, SW., Suite 6000, Washington, DC

20416.

FOR FURTHER INFORMATION CONTACT:

Joseph Lodo, Chief Financial Officer,

Office of the Chief Financial Officer,

(202) 205–6449.

SBA 175

SYSTEM NAME:

Cost Allocation Data System (CADS),

U.S. Small Business Administration

(SBA).

SYSTEM LOCATION:

Office of the Chief Financial Officer,

SBA Headquarters.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

All SBA employees.

CATEGORIES OF RECORDS IN THE SYSTEM:

Individual information on all SBA

employees, i.e., name, social security

number, office code, employee’s pay

data, employee’s survey result on the

percentage (%) of time spent on

administration of the various SBA

programs and activities. Also, the

Agency-wide costs, i.e., rent, postage,

telecommunications, centralized

printing, centralized training,

employees’ relocation costs, credit

report costs, performance management

appraisal system (PMAS) awards,

contractors costs, Agency loan count

and SBA employment full time

equivalent (FTE) count.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 3101 (Records Management

by Federal Agencies), Pub. L. 101–576

(CFO Act) and Pub. L. 103–62 (Results

Act).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

These records may be used, disclosed,

or referred:

(a) To the Agency cost contractor for

use in the Agency’s cost accounting

activity.

(b) To a Congressional office from an

individual’s record when the office is

inquiring on the individual’s behalf.

The Member’s access rights are no

greater than the individual’s.

(c) To the Federal, state, local or

foreign agency or organization which

investigates, prosecutes, or enforces

violations, statues, rules, regulations, or

orders issued when an Agency identifies

a violation or potential violation of law,

arising by general or program statute, or

by regulation, rule, or order.

(d) To Agency volunteers and interns

for use in their official duties.

(e) To the Department of Justice (DOJ)

when:

(1) The agency, or any component

thereof; or

(2) Any employee of the Agency in his

or her official capacity: or

(3) Any employee of the Agency in his

or her official capacity where the DOJ

has agreed to represent the employee; or

(4) The United States Government,

where the Agency determines that

litigation is likely to affect the Agency

or any of its components, is a party to

litigation or has an interest in such

litigation, and the use of such records by

the DOJ is deemed by the Agency to be

relevant and necessary to the litigation,

provided, however, that in each case,

the Agency determines that disclosure

of the records to the DOJ is a use of the

information contained in the records

that is compatible with the purpose for

which the records were collected.

(f) To disclose them in a proceeding

before a court or adjudicative body

before which the Agency is authorized

to appear, when:

(1) The Agency, or any component

thereof; or

(2) Any employee of the Agency in his

or her official capacity; or

(3) Any employee of the Agency in his

or her individual capacity where the

Agency has agreed to represent the

employee; or

(4) The United States Government,

where the Agency determines that

litigation is likely to affect the Agency,

or any of its components, is a party to

litigation or has an interest in such

litigation, and the Agency determines

that use of such records is relevant and

necessary to the litigation, provided,

however, that in each case, the Agency

determines that disclosure of the

records to a court or other adjudicative

body is a use of the information

contained in the records that is a use of

the information contained in the records

that is compatible with the purpose for

which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS:

STORAGE:

The electronic form is maintained in

a database which is behind the Agency’s

firewall.

RETRIEVABILITY:

The employee’s Social Security

Number, and first and last name retrieve

survey result.

SAFEGUARDS:

Access and use of the CADS are

accomplished via the use of a restricted

password. Access and use are limited to

Project Lead and Group members and

only those other Agency employees

whose official duties require such

access.

RETENTION AND DISPOSAL:

In accordance with SBA SOP 00 41 2,

Item #65:06, these records are retained

a minimum of 3 years and generally

destroyed 3 years after last update.

SYSTEM MANAGER(S) AND ADDRESS:

Chief Financial Officer, Office of the

Chief Financial Officer, Small Business

Administration, 409 3rd Street, SW.,

Suite 6000, Washington, DC 20416.