Federal Register / Vol. 66, No. 43 / Monday, March 5, 2001 / Notices 13365

7See note 4 supra.

8 15 U.S.C. 78f(b)(5).

9 In approving this proposal, the Commission has

considered its impact on efficiency, competition,

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

10 15 U.S.C. 78f(b)(5).

11 17 CFR 240.14b–1.

12See Securities Act Release No. 7767 (November

4, 1999), 64 FR 62548 (November 16, 1999)

(proposing release).

13See Householding Release.

14 15 U.S.C. 78f(b)(5).

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

16 15 U.S.C. 78s(b)(2).

17 17 CFR 200.30–3(a)(12).

to mail to all beneficial holders the

issuer’s annual report and the issuer’s

proxy statement prior to a stockholders’

meeting. Currently, Exchange rules

permit member organizations to mail

one copy of such material to multiple

beneficial owners that have the same

address so long as each beneficial owner

consents thereto in writing. The practice

of sending only one set of materials to

multiple beneficial holders with a single

address is known as ‘‘householding.’’

The Commission recently adopted

amendments to its rules to permit

companies and intermediaries to satisfy

their delivery requirements for proxy

statements, information statements and

annual reports with respect to two or

more beneficial owners sharing the

same address by delivering a single

copy of the documents to those

beneficial owners so long as certain

conditions are met including consent.7

Accordingly, the Exchange proposes to

amend its own rules to conform to the

recently amended Commission rules.

Therefore, Supplementary Material to

NYSE Rules 451 and 465 is proposed to

be amended to specify that member

organizations may household proxy

statements, annual reports, interim

reports and other material provided they

do so in compliance with the applicable

Commission rules.

2. Statutory Basis

The Exchange believes that the

proposed rule change is consistent with

section 6(b)(5) 8 the Act, which requires,

among other things, that the rules of an

exchange be designed to prevent

fraudulent and manipulative acts and

practices, to promote just and equitable

principles of trade, to foster cooperation

and coordination with persons engaged

in facilitating transactions in securities,

to remove impediments to and perfect

the mechanism of a free and open

market and a national market system

and, in general, to protect investors and

the public interest.

B. Self Regulatory Organization’s

Statement on Burden on Competition

The Exchange does not believe that

the proposed rule change will impose

any burden on competition that is 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

The Exchange has neither solicited

nor received written comments on the

proposed rule change.

III. Solicitation of Comments

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

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 NYSE. All

submissions should refer to File No.

SR–NYSE–01–03 and should be

submitted by March 26, 2001.

IV. Commission’s Findings and Order

Granting Accelerated Approval of

Proposed Rule Change

The Commission finds that the

proposed rule change, as amended, is

consistent with the Act and the rules

and regulations thereunder applicable to

a national securities exchange,9 and in

particular the requirements of section

6(b)(5) of the Act.10 Specifically, the

Commission finds that the Exchange’s

proposal to permit householding of

annual reports, proxy statements,

interim reports and other materials

consistent with Commission rules

promotes just and equitable of trade by

eliminating conflicting regulatory

obligations for NYSE members. The

Commission notes that while the

current NYSE rule permits

householding, the NYSE requires its

members to get consent in writing from

beneficial owners. The Commission’s

recent amendments to Rule 14b–1 11

under the Act permits householding on

an implied consent basis if certain

conditions are met. Thus, as a result of

this proposal, NYSE rules will conform

to the Commission’s requirements and

NYSE members will be able to receive

the benefits provided by householding

to an even greater extent by utilizing

implied consent. These benefits include

reducing the amount of duplicative

information that beneficial owners

receive and lowering the printing and

mailing costs for companies.

The Commission finds good cause to

approve the proposal prior to the

thirtieth day after the date of

publication of notice of the filing in the

Federal Register. By accelerating

effectiveness of the Exchange’s rule

proposal, NYSE members will be able to

utilize the new householding rule for

the current proxy season. In addition,

the Commission notes that it recently

solicited comment from interested

persons on its rule amendments 12 and

considered the comments received

when adopting the final rules.13

Accordingly, the Commission believes

that good cause exists, consistent with

sections 6(b)(5) 14 and 19(b)(2) 15 of the

Act to approve the proposed rule change

on an accelerated basis.

V. Conclusion

It Is Therefore Ordered, pursuant to

section 19(b)(2) of the Act, 16 that the

amended proposed rule change (SR–

NYSE–01–03) is hereby approved.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.17

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–5247 Filed 3–2–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

Reporting and Recordkeeping

Requirements Under OMB Review

AGENCY: Small Business Administration.

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

13366 Federal Register / Vol. 66, No. 43 / Monday, March 5, 2001 / Notices

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

April 4, 2001. 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: Financial Institution

Confirmation Form.

No: 860.

Frequency: On Occasion.

Description of Respondents: SBIC

Investment Companies.

Annual Responses: 1,500.

Annual Burden: 750.

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 01–5289 Filed 3–2–01; 8:45 am]

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

Reporting and Recordkeeping

Requirements Under OMB Review

AGENCY: Small Business Administration.

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

April 4, 2001. 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, S.W., 5th Floor, Washington,

D.C. 20416; and OMB Reviewer, Office

of Information and Regulatory Affairs,

Office of Management and Budget, New

Executive Office Building, Washington,

D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Jacqueline White, Agency Clearance

Officer, (202) 205–7044.

SUPPLEMENTARY INFORMATION:

Title: Request for Information

Concerning Portfolio Financing.

No: 857.

Frequency: On Occasion.

Description of Respondents: SBIC

Investment Companies.

Annual Responses: 2,160.

Annual Burden: 2,160.

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 01–5290 Filed 3–2–01; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 28895]

Airport Privatization Pilot Program

AGENCY: Federal Aviation

Administration (FAA), (DOT.

ACTION: Notice of Receipt of Final

Application of Niagara Falls

International Airport, Niagara Falls,

New York; Request for Comments.

SUMMARY: The Federal Aviation

Administration (FAA) is seeking

information and comments from

interested parties on the final

application by the Niagara Frontier

Transportation Authority (NFTA) for

participation of Niagara Falls

International Airport (IAG) in the

airport privatization pilot program. The

final application is accepted for review.

Title 49 U.S.C. Section 47134

establishes an airport privatization pilot

program and authorizes the Department

of Transportation to grant exemptions

from certain Federal statutory and

regulatory requirements for up to five

airport privatization projects. The

application procedures require the FAA

to publish a notice of receipt of the final

application in the Federal Register and

accept public comment on the final

application for a period of 60 days.

DATES: Comments must be received by

May 4, 2001. Comments that are

received after the date will be

considered only to the extend possible.

ADDRESSES: The IAG final application is

available for public review in the

Federal Aviation Administration, Office

of Chief Counsel, Attention: Rules

Docket (AGC–200), Docket No. 28895,

800 Independence Avenue, SW.,

Washington, DC 20591. NFTA, the

airport sponsor, has also made a copy of

the application available at the

following locations:

Buffalo & Erie County Public Library, 1

Lafayette Square, Buffalo, New York

14202, (716) 858–8900

Niagara Frontier Transportation

Authority, 181 Ellicott Street, Buffalo,

New York, 14203 Attn: Ruth Keating,

(716) 855–7398

Earl W. Brydges Public Library, 1425

Main Street, Niagara Falls, New York

14305, (716) 286–4881

Niagara Falls International Airport,

Niagara Falls Boulevard, Niagara

Falls, New York 14304, (716) 297–

4494

Comments on the IAG final

application must be delivered or mailed,

in quadruplicate, to: the Federal

Aviation Administration, Office of Chief

Counsel, Attention: Rules Docket (AGC–

200), Docket No. #28895, 800

Independence Avenue, SW.,

Washingotn, DC 20591. All comments

must be marked ‘‘Docket No. 28895’’.

Commenters wishing the FAA to

acknowledge receipt of their comments

must include a preaddressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 28895.’’ The postcard will be

date stamped and mailed to the

commenter. Comments on this Notice

may be delivered or examined in room

915G on weekdays, except Federal

holidays, between 8:30 a.m. and 5:00

p.m.

FOR FURTHER INFORMATION CONTACT:

Kevin C. Willis, Compliance Specialist

(AAS–400), (202–267–8741) Airport

Compliance Division, Office of Airport

Safety and Standards, Federal Aviation

Administration, 800 Independence Ave.

SW., Washington, DC 29591.

SUPPLEMENTARY INFORMATION: Section

149 of the Federal Aviation

Administration Authorization Act of

1996, Pub. L. No. 104–264 (October 9,

1996) (1996 Reauthorization Act), added

a new 47134 to Title 49 of the U.S.

Code. Section 47134 authorizes the