Sunshine Act Meeting, 72476-72477 [05-23687]
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72476
Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
status survey submitted by the
Department of the Army. Based on its
review, the staff has determined that
there are no additional remediation
activities necessary to complete the
proposed action. Therefore, the staff
considered the impact of residual
radioactivity at the facility and
concluded that since the residual
radioactivity meets the requirements in
subpart E of 10 CFR part 20, a Finding
of No Significant Impact is appropriate.
Additionally, no non-radiological or
cumulative impacts were identified.
III. Finding of No Significant Impact
The staff has prepared the EA
(summarized above) in support of the
license amendment to release Building
120 for unrestricted use. The NRC staff
has evaluated the Department of the
Army, Watervliet Arsenal’s request and
the results of the surveys and has
concluded that the completed action
complies with the criteria in subpart E
of 10 CFR part 20. The staff has found
that the radiological environmental
impacts from the action are bounded by
the impacts evaluated by NUREG–1496,
Volumes 1–3, ‘‘Generic Environmental
Impact Statement in Support of
Rulemaking on Radiological Criteria for
License Termination of NRC-Licensed
Facilities’’ (ML042310492,
ML042320379, and ML042330385).
Additionally, no non-radiological or
cumulative impacts were identified. On
the basis of the EA, the NRC has
concluded that the environmental
impacts from the action are expected to
be insignificant and has determined not
to prepare an environmental impact
statement for the action.
IV. Further Information
Documents related to this action,
including the application for the license
amendment and supporting
documentation, 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: The Environmental
Assessment [ML053290136] and the
Final Survey Report for Room 255,
Building 120, Watervliet Arsenal, dated
March 2005 [ADAMS Accession No.
ML051080464]. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
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17:14 Dec 02, 2005
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telephone at (800) 397–4209 or (301)
415–4737, or by e-mail to pdr@nrc.gov.
Documents related to operations
conducted under this license not
specifically referenced in this Notice
may not be electronically available and/
or may not be publicly available.
Persons who have an interest in
reviewing these documents should
submit a request to the NRC under the
Freedom of Information Act (FOIA).
Instructions for submitting a FOIA
request can be found on the NRC’s Web
site at https://www.nrc.gov/reading-rm/
foia-privacy.html.
Dated at King of Prussia, Pennsylvania, this
25th day of November, 2005.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E5–6829 Filed 12–2–05; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request; Upon Written Request, Copy
Available From: Securities and
Exchange, Commission, Office of
Filings and Information Services,
Washington, DC 20549
Extension: Form N–54A; SEC File No.
270–182; OMB Control No. 3235–0237.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
[44 U.S.C. 3501 et seq.] (the ‘‘PRA’’), the
Securities and Exchange Commission
(the ‘‘Commission’’) is soliciting
comments on the collection of
information summarized below. The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget for
extension and approval.
• Form N–54A under the Investment
Company Act of 1940; Notification of
Election to be Subject to Sections 55
through 65 of the Investment Company
Act of 1940 Filed Pursuant to Section
54(a) of the Act.
Form N–54A [17 CFR 274.53] is a
notification to the Commission of
election to be regulated as a business
development company. A company
making such an election only has to file
a Form N–54A once.
It is estimated that approximately 46
respondents per year file with the
Commission a Form N–54A. Form N–
54A requires approximately 0.5 burden
hours per response resulting from
creating and filing the information
required by the Form. The total burden
hours for Form N–54A would be 23.0
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hours per year in the aggregate. The
estimated annual burden of 23.0 hours
represents an increase of 21.0 hours
over the prior estimate of 2.0 hours. The
increase in burden hours is attributable
to an increase in the number of
respondents from 4 to 46.
The estimate of average burden hours
for Form N–54A is made solely for the
purposes of the PRA and is not derived
from a comprehensive or even
representative survey or study of the
costs of Commission rules and forms.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to R. Corey Booth, Director/Chief
Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549.
Dated: November 23, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6819 Filed 12–2–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [To Be Announced].
Closed Meeting.
450 Fifth Street, NW.,
Washington, DC.
STATUS:
PLACE:
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Thursday, December 8, 2005,
at 2 p.m.
Deletion of Item.
The following item will not be
considered during the Closed Meeting
on December 8, 2005:
CHANGE IN THE MEETING:
Adjudicatory Matter
Commissioner Atkins, as duty officer,
determined that no earlier notice thereof
was possible.
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05DEN1
Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
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.
proposed rule change is set forth below.
Italics indicate new text.
Dated: December 1, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05–23687 Filed 12–1–05; 3:50 pm]
No member or member organization,
or person associated with a member or
member organization shall initiate any
telephone solicitation, as defined in
paragraph (g)(2) of this rule, to:
BILLING CODE 8010–01–P
Telemarketing
Rule 429.
(a) General Telemarketing Requirements
(1) Time of Day Restriction
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52844; File No. SR–Amex–
2005–064]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing of Proposed Rule Change and
Amendment Nos. 1 and 2 Thereto
Relating to Telemarketing
November 28, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934,1
(‘‘Exchange Act’’) and Rule 19b–4
thereunder,2 notice is hereby given that
on June 14, 2005, the American Stock
Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by the Exchange.
On September 23, 2005, the Amex filed
Amendment No. 1 to the proposed rule
change.3 On November 15, 2005, the
Amex filed Amendment No. 2 to the
proposed rule change.4 The Commission
is publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is proposing to amend
Amex Rule 429 (‘‘Telemarketing’’) to
require Amex members and member
organizations to participate in the
National Do-Not-Call Registry
maintained by the Federal Trade
Commission (‘‘FTC’’) and to follow
applicable regulations of the Federal
Communications Commission (‘‘FCC’’).
The current text of Amex Rule 429
would be deleted. The text of the
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 In Amendment No. 1, the Amex partially
amended the text of proposed amended Amex Rule
429 and made conforming and technical changes to
the original filing.
4 In Amendment No. 2, the Amex made
additional changes to the text of proposed amended
Amex Rule 429 and to the original filing.
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Any residence of a person before the
hour of 8 a.m. or after 9 p.m. (local time
at the called party’s location), unless
(A) the member has an established
business relationship with the person
pursuant to paragraph (g)(1)(A),
(B) the member has received that
person’s prior express invitation or
permission, or
(C) the person called is a broker or
dealer;
(2) Firm Specific Do-Not-Call List
Any person that previously has stated
that he or she does not wish to receive
an outbound telephone call made by or
on behalf of the member; or
(3) National Do-Not-Call List
Any person who has registered his or
her telephone number on the Federal
Trade Commission’s national do-notcall registry.
(b) National Do-Not-Call List Exceptions
A member making telephone
solicitations will not be liable for
violating paragraph (a)(3) if:
(1) Established Business Relationship
Exception
The member has an established
business relationship with the recipient
of the call. A person’s request to be
placed on the firm-specific do-not-call
list terminates the established business
relationship exception to that national
do-not-call list provision for that
member even if the person continues to
do business with that member;
(2) Prior Express Written Consent
Exception
The member has obtained the
person’s prior express invitation or
permission. Such permission must be
evidenced by a signed, written
agreement between the person and the
member which states that the person
agrees to be contacted by the member
and includes the telephone number to
which the calls may be placed; or
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(3) Personal Relationship Exception
The associated person making the call
has a personal relationship with the
recipient of the call.
(c) Safe Harbor Provision
A member or person associated with
a member making telephone
solicitations will not be liable for
violating paragraph (a)(3) if the member
or person associated with the member
demonstrates that the violation is the
result of an error and that as part of the
member’s routine business practice, it
meets the following standards:
(1) Written procedures. The member
has established and implemented
written procedures to comply with the
national do-not-call rules;
(2) Training of personnel. The
member has trained its personnel and
any entity assisting in its compliance, in
procedures established pursuant to the
national do-not-call rules;
(3) Recording. The member has
maintained and recorded a list of
telephone numbers that it may not
contact; and
(4) Accessing the national do-not-call
database. The member uses a process to
prevent telephone solicitations to any
telephone number on any list
established pursuant to the do-not-call
rules, employing a version of the
national do-not-call registry obtained
from the administrator of the registry no
more than thirty-one (31) days prior to
the date any call is made, and
maintains records documenting this
process.
(d) Procedures
Prior to engaging in telemarketing, a
member must institute procedures to
comply with paragraph (a). Such
procedures must meet the following
minimum standards:
(1) Written policy. Members must
have a written policy for maintaining a
do-not-call list.
(2) Training of personnel engaged in
telemarketing. Personnel engaged in any
aspect of telemarketing must be
informed and trained in the existence
and use of the do-not-call list.
(3) Recording, honoring of do-not-call
requests. If a member receives a request
from a person not to receive calls from
that member, the member must record
the request and place the person’s
name, if provided, and telephone
number on the firm’s do-not-call list at
the time the request is made. Members
must honor a person’s do-not-call
request within a reasonable time from
the date such request is made. This
period may not exceed thirty days from
the date of such request. If such requests
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05DEN1
Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72476-72477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23687]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [To Be Announced].
STATUS: Closed Meeting.
PLACE: 450 Fifth Street, NW., Washington, DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Thursday, December 8,
2005, at 2 p.m.
CHANGE IN THE MEETING: Deletion of Item.
The following item will not be considered during the Closed Meeting
on December 8, 2005:
Adjudicatory Matter
Commissioner Atkins, as duty officer, determined that no earlier
notice thereof was possible.
[[Page 72477]]
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: December 1, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-23687 Filed 12-1-05; 3:50 pm]
BILLING CODE 8010-01-P