Sunshine Act Meetings, 15371-15372 [05-5986]

Download as PDF Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Notices inspection at NRC’s Public Electronic Reading Room at https://www.nrc.gov/ reading-rm/ADAMS.html. A copy of the PGE request for NRC approval of a partial exemption from the provision of 10 CFR 72.30(c)(5), dated April 29, 2004, can be found at this site using the Agencywide Documents Access and Management System (ADAMS) accession No. ML041260470. Any questions should be referred to Christopher M. Regan, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Mailstop O 13D13, telephone (301) 415–8500, fax (301) 415–8555. Dated at Rockville, Maryland this 17th day of March, 2005. For the Nuclear Regulatory Commission. Christopher M. Regan, Senior Project Manager, Licensing Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 05–5901 Filed 3–24–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Notice of Availability of Interim Staff Guidance Documents For Fuel Cycle Facilities Nuclear Regulatory Commission. ACTION: Notice of availability. AGENCY: FOR FURTHER INFORMATION CONTACT: Wilkins Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005– 0001. Telephone: (301) 415–5788; fax number: (301) 415–5370; e-mail: wrs@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC) is preparing and issuing Interim Staff Guidance (ISG) documents for fuel cycle facilities. These ISG documents provide clarifying guidance to the NRC staff when reviewing licensee integrated safety analyses, license applications or amendment requests or other related licensing activities for fuel cycle facilities under subpart H of 10 CFR part 70. The NRC is soliciting public comments on two ISG Draft documents (ISG–01 and –04) which will be considered in the final versions or subsequent revisions. ISG–03 has been issued and is provided for information. VerDate jul<14>2003 16:11 Mar 24, 2005 Jkt 205001 II. Summary The purpose of this notice is to provide the public an opportunity to review and comment on the Interim Staff Guidance documents for fuel cycle facilities. Draft Interim Staff Guidance– 01, Version 02, provides guidance to NRC staff relative to methods for qualitative evaluation of likelihood in the context of a review of a license application or amendment request under 10 CFR part 70, subpart H. ISG– 01, Version 02, has been generally revised based on NRC staff and public comments on the initial version. Interim Staff Guidance–03, Revision 0 has been approved and issued and provides guidance to NRC staff relative to relationships between 10 CFR part 70, subpart H, nuclear criticality safety performance requirements and the double contingency principle. Draft Interim Staff Guidance–04, Version 0 provides guidance to NRC staff relative to baseline design criteria for new facilities and new processes at existing facilities. III. Further Information Documents related to this action are available electronically at the NRC’s Electronic Reading Room at https:// www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession numbers for the documents related to this notice are provided in the following table. 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. Interim staff guidance Interim Staff Guidance–01, Version 02. Interim Staff Guidance–03, Revision 0. Interim Staff Guidance–04, Version 0. ADAMS accession number ML050690286. ML050690302. ML050690296. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Comments and questions on ISG–01 and ISG–04 should be directed to the NRC contact listed below by April 25, 2005. Comments PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 15371 received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Wilkins Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005– 0001. Comments can also be submitted by telephone, fax, or e-mail which are as follows: Telephone: (301) 415–5788; fax number: (301) 415–5370; e-mail: wrs@nrc.gov. Dated in Rockville, Maryland this 18th day of March, 2005. For the Nuclear Regulatory Commission. David H. Tiktinsky, Acting Chief, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. 05–5902 Filed 3–24–05; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission will hold the following meetings during the week of March 28, 2005: An open meeting will be held on Tuesday, March 29, 2005, at 10 a.m. in Room 1C30 and closed meetings will be held on Tuesday, March 29, 2005, at 11 a.m. and Thursday, March 31, 2005, at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the closed meeting. Commissioner Goldschmid, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the open meeting scheduled for Tuesday, March 29, 2005, will be: The Commission will hear oral argument on appeals by Robert W. Armstrong, III and E:\FR\FM\25MRN1.SGM 25MRN1 15372 Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Notices the Division of Enforcement of an initial decision of an administrative law judge. Armstrong was formerly controller of National Medical Care, Inc. (‘‘NMC’’), a subsidiary of W.R. Grace & Co. (‘‘Grace’’). The law judge found that Armstrong participated in a scheme to manipulate Grace’s reported earnings to achieve predetermined targets. The alleged scheme involved improperly recording excess earnings as reserves and later using the excess reserves to bolster earnings, thereby achieving the impression that Grace had steady, consistent growth in income over a period of several years. The law judge found that Armstrong willfully violated Section 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10b–5 and that he was a cause of Grace’s violation of those provisions. The law judge also concluded that, as a result of the scheme to manipulate Grace’s earnings, Grace’s periodic reports during the relevant period included financial statements that were not in accordance with Generally Accepted Accounting Principles (‘‘GAAP’’) and that were materially misleading in violation of the periodic reporting requirements contained in Exchange Act Section 13(a) and Exchange Act Rules 12b– 20, 13a–1, and 13a–13. The law judge found that Armstrong was a cause of these violations. The law judge further found that Armstrong violated the recordkeeping requirements of Exchange Act Section 13(b)(5) and Exchange Act Rule 13b2–1, and was a cause of Grace’s violation of these provisions and of Exchange Act Section 13(b)(2). The law judge imposed a cease-anddesist order against Armstrong. The law judge dismissed the charges brought pursuant to Commission Rule of Practice 102(e). The law judge held that Armstrong had not been appearing or practicing before the Commission, and dismissed the Rule 102(e)(1)(iii) charges on this basis. Armstrong appeals the law judge’s conclusion that he violated and caused Grace’s violations of the federal securities laws and the Commission’s rules. He also maintains that there is no basis in the public interest for the imposition of a cease-anddesist order. The Division appeals the law judge’s dismissal of the Rule 102(e) charges. The Division seeks to deny permanently to Armstrong the privilege of appearing or practicing before the Commission. Among the issues likely to be considered are: (1) Whether respondent committed the alleged violations; and (2) If so, whether sanctions should be imposed in the public interest. The subject matter of the closed meeting scheduled for Tuesday, March 29, 2005, will be: Post-argument discussion. The subject matter of the closed meeting scheduled for Thursday, March 31, 2005, will be: Formal orders of investigations; Institution and settlement of injunctive actions; and VerDate jul<14>2003 16:11 Mar 24, 2005 Jkt 205001 Institution and settlement of administrative proceedings of an enforcement nature. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942–7070. Dated: March 22, 2005. Jonathan G. Katz, Secretary. [FR Doc. 05–5986 Filed 3–22–05; 4:21 pm] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51397; File No. SR–ISE– 2005–13] Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fee Changes March 18, 2005. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 7, 2005, the International Securities Exchange, Inc. (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the ISE. The Exchange has filed the proposal as a ‘‘non-controversial’’ rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,3 and Rule 19b–4(f)(6) thereunder,4 which renders the proposal effective upon filing with the Commission.5 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 The ISE is proposing to amend its Schedule of Fees to establish fees for transactions in options on the Nasdaq100 Stock Index. The text of the proposed rule change is available on the ISE’s Web site [https:// U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(6). 5 The Exchange asked the Commission to waive the 30-day operative delay. See 17 CFR 240.19b– 4(f)(6)(iii) (Rule 19b–4(f)(6)(iii)). PO 00000 1 15 2 17 Frm 00097 Fmt 4703 Sfmt 4703 www.iseoptions.com/legal/ proposed_rule_changes.asp], at the ISE’s Office of the Secretary, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE 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. The ISE 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 Exchange is proposing to amend its Schedule of Fees to establish fees for transactions in options on the Nasdaq100 Stock Index, both full value (‘‘NDX’’) and 1/10 value (‘‘MNX’’).6 Specifically, the Exchange is proposing to adopt an execution fee and a comparison fee for all transactions in options on NDX and MNX.7 The amount of the execution fee and comparison fee shall be the same for all order types on the Exchange—that is, orders for Public Customers, Market Makers, and Firm Proprietary—and shall be equal to the execution fee and comparison fee currently charged by the Exchange for Market Maker and Firm Proprietary transactions in equity options.8 The Exchange believes the proposed rule change will further the Exchange’s goal of introducing new products to the marketplace that are competitively priced. The Exchange has entered into a license agreement with The Nasdaq Stock Market, Inc. in connection with the listing and trading of index options on the Nasdaq-100 Stock Index. As with licensed equity options, the Exchange is adopting a per contract fee for trading in these options to defray the licensing 6 See Securities Exchange Act Release No. 51121 (Feb. 1, 2005), 70 FR 6476 (Feb. 7, 2005) (File No. SR–ISE–2005–01) (order approving the trading of options on full and reduced values of the Nasdaq100 Stock Index). 7 The Exchange represents that these fees will be charged only to Exchange members. 8 The execution fee is currently between $.21 and $.12 per contract side, depending on the Exchange Average Daily Volume, and the comparison fee is currently $.03 per contract side. E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15371-15372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5986]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meetings during the week of 
March 28, 2005:
    An open meeting will be held on Tuesday, March 29, 2005, at 10 a.m. 
in Room 1C30 and closed meetings will be held on Tuesday, March 29, 
2005, at 11 a.m. and Thursday, March 31, 2005, at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the closed meeting.
    Commissioner Goldschmid, as duty officer, voted to consider the 
items listed for the closed meeting in closed session.
    The subject matter of the open meeting scheduled for Tuesday, March 
29, 2005, will be:

    The Commission will hear oral argument on appeals by Robert W. 
Armstrong, III and

[[Page 15372]]

the Division of Enforcement of an initial decision of an 
administrative law judge. Armstrong was formerly controller of 
National Medical Care, Inc. (``NMC''), a subsidiary of W.R. Grace & 
Co. (``Grace''). The law judge found that Armstrong participated in 
a scheme to manipulate Grace's reported earnings to achieve 
predetermined targets. The alleged scheme involved improperly 
recording excess earnings as reserves and later using the excess 
reserves to bolster earnings, thereby achieving the impression that 
Grace had steady, consistent growth in income over a period of 
several years.
    The law judge found that Armstrong willfully violated Section 
10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 
10b-5 and that he was a cause of Grace's violation of those 
provisions. The law judge also concluded that, as a result of the 
scheme to manipulate Grace's earnings, Grace's periodic reports 
during the relevant period included financial statements that were 
not in accordance with Generally Accepted Accounting Principles 
(``GAAP'') and that were materially misleading in violation of the 
periodic reporting requirements contained in Exchange Act Section 
13(a) and Exchange Act Rules 12b-20, 13a-1, and 13a-13. The law 
judge found that Armstrong was a cause of these violations. The law 
judge further found that Armstrong violated the recordkeeping 
requirements of Exchange Act Section 13(b)(5) and Exchange Act Rule 
13b2-1, and was a cause of Grace's violation of these provisions and 
of Exchange Act Section 13(b)(2). The law judge imposed a cease-and-
desist order against Armstrong.
    The law judge dismissed the charges brought pursuant to 
Commission Rule of Practice 102(e). The law judge held that 
Armstrong had not been appearing or practicing before the 
Commission, and dismissed the Rule 102(e)(1)(iii) charges on this 
basis.
    Armstrong appeals the law judge's conclusion that he violated 
and caused Grace's violations of the federal securities laws and the 
Commission's rules. He also maintains that there is no basis in the 
public interest for the imposition of a cease-and-desist order. The 
Division appeals the law judge's dismissal of the Rule 102(e) 
charges. The Division seeks to deny permanently to Armstrong the 
privilege of appearing or practicing before the Commission.

    Among the issues likely to be considered are:
    (1) Whether respondent committed the alleged violations; and
    (2) If so, whether sanctions should be imposed in the public 
interest.
    The subject matter of the closed meeting scheduled for Tuesday, 
March 29, 2005, will be:
    Post-argument discussion.
    The subject matter of the closed meeting scheduled for Thursday, 
March 31, 2005, will be:
    Formal orders of investigations;
    Institution and settlement of injunctive actions; and
    Institution and settlement of administrative proceedings of an 
enforcement nature.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 942-7070.

    Dated: March 22, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-5986 Filed 3-22-05; 4:21 pm]
BILLING CODE 8010-01-P
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