71856 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Notices 

supplement to the GEIS available for 

public inspection. 

Any interested party may submit 

comments on the draft supplement to 

the GEIS for consideration by the NRC 

staff. To be certain of consideration, 

comments on the draft supplement to 

the GEIS and the proposed action must 

be received by March 2, 2005. 

Comments received after the due date 

will be considered if it is practical to do 

so, but the NRC staff is able to assure 

consideration only for comments 

received on or before this date. Written 

comments on the draft supplement to 

the GEIS should be sent to: Chief, Rules 

and Directives Branch, Division of 

Administrative Services, Office of 

Administration, Mailstop T–6D59, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Comments may be hand-delivered to 

the NRC at 11545 Rockville Pike, Room 

T–6D59, Rockville, Maryland, between 

7:45 a.m. and 4:15 p.m. on Federal 

workdays. Electronic comments may be 

submitted to the NRC by e-mail at 

BrownsFerryEIS@nrc.gov. All comments 

received by the Commission, including 

those made by Federal, State, and local 

agencies, Native American Tribes, or 

other interested persons, will be made 

available electronically at the 

Commission’s PDR in Rockville, 

Maryland, and from the PARS 

component of ADAMS. 

The NRC staff will hold two public 

meetings to present an overview of the 

draft plant-specific supplement to the 

GEIS and to accept public comments on 

the document. The public meetings will 

be held on January 25, 2005, at the 

Athens State University, Student Center 

Cafeteria Ballroom, 300 North Beaty 

Street, Athens, Alabama. The first 

session will convene at 1:30 p.m. and 

will continue until 4:30 p.m., as 

necessary. The second session will 

convene at 7 p.m. with a repeat of the 

overview portions of the meeting and 

will continue until 10 p.m., as 

necessary. Both meetings will be 

transcribed and will include: (1) a 

presentation of the contents of the draft 

plant-specific supplement to the GEIS, 

and (2) the opportunity for interested 

government agencies, organizations, and 

individuals to provide comments on the 

draft report. Additionally, the NRC staff 

will host informal discussions one hour 

before the start of each meeting at the 

Athens State University, Student Center 

Cafeteria Ballroom. No comments on the 

draft supplement to the GEIS will be 

accepted during the informal 

discussions. To be considered, 

comments must be provided either at 

the transcribed public meetings or in 

writing, as discussed below. Persons 

may register to attend or present oral 

comments at the meetings by contacting 

Dr. Michael Masnik, by telephone at 1–

800–368–5642, extension 1191, or by email at BrownsFerryEIS@nrc.gov no later 

than January 18, 2005. Members of the 

public may also register to speak at the 

meeting within 15 minutes of the start 

of each session. Individual oral 

comments may be limited by the time 

available, depending on the number of 

persons who register. Members of the 

public who have not registered may also 

have an opportunity to speak, if time 

permits. If special equipment or 

accommodations are needed to attend or 

present information at the public 

meeting, Dr. Masnik will need to be 

contacted no later than January 18, 

2004, so that the NRC staff can 

determine whether the request can be 

accommodated. 

For Further Information Contact: Dr. 

Michael Masnik, License Renewal and 

Environmental Impacts Program, 

Division of Regulatory Improvement 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Dr. Masnik may be contacted at 

the aforementioned telephone number 

or e-mail address.

Dated in Rockville, Maryland, this 30th 

day of November, 2004.

For the Nuclear Regulatory Commission. 

Pao-Tsin Kuo, 

Program Director, License Renewal and 

Environmental Impacts Program, Division of 

Regulatory Improvement Programs, Office of 

Nuclear Reactor Regulation.

[FR Doc. 04–26906 Filed 12–9–04; 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 December 13, 2004: 

A closed meeting will be held on 

Tuesday, December 14, 2004 at 2 p.m. 

and an Open meeting will be held on 

Wednesday, December 15, 2004 at 2 

p.m. in Room 1C30, the William O. 

Douglas Room. 

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), (4), (5), (7), (8), (9)(B), 

and (10) and 17 CFR 200.402(a)(3), (4), 

(5), (7), (8), 9(ii) and (10), permit 

consideration of the scheduled matters 

at the closed meeting. 

Commissioner Atkins, as duty officer, 

voted to consider the items listed for the 

closed meeting in closed session and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the closed 

meeting scheduled for Tuesday, 

December 14, 2004, will be: 

Formal orders of investigations; 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; and a regulatory 

matter regarding a financial institution. 

The subject matter of the Open 

Meeting scheduled for Wednesday, 

December 15, 2004 will be: 

1. The Commission will consider 

whether to republish for public 

comment proposed rules under 

Regulation NMS and two amendments 

to the joint industry plans for 

disseminating market information, to 

give the public an opportunity to review 

and comment on proposed 

modifications to the original rule text to 

reflect comments received. In particular, 

the Commission will consider whether 

to repropose the follow rules and 

amendments: 

A. Rule 611 of Regulation NMS 

(‘‘Order Protection Rule’’), which would 

establish marketwide price protection 

for automated quotations that are 

immediately accessible; 

B. Rule 610 of Regulation NMS 

(‘‘Access Rule’’), which would promote 

fair and non-discriminatory access to 

quotations through a private access 

approach and establish a limit on access 

fees to harmonize the pricing of 

quotations across different trading 

centers; 

C. Rule 612 of Regulation NMS (‘‘SubPenny Rule’’), which would establish a 

uniform pricing increment of no less 

than a penny for orders, quotations, or 

indications of interest, except for those 

priced at less than $1.00 per share; 

D. Amendments to Rules 11Aa3–1 

and 11Ac1–2 under the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’) 

(redesignated as Rule 601 and 603 of 

Regulation NMS) (‘‘Market Data Rules’’), 

which would update the requirements 

for consolidating, distributing, and 

displaying market information, and 

amendments to the joint industry plans 

for disseminating market information 

that would modify the formulas for 

allocating plan revenues (‘‘Allocation 

Amendment’’) and broaden 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Notices 71857

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

2 17 CFR 240.19b–4.

participation in plan governance 

(‘‘Governance Amendment’’); and 

E. Redesignation of the national 

market system (‘‘NMS’’) rules adopted 

under the Exchange act and inclusion of 

those rules, as well as proposed Rules 

610, 611, and 612, under Regulation 

NMS. Regulation NMS would also 

include a separate definitional rule that 

would (i) retain most of the definitions 

currently used in the NMS rules, (ii) 

include new definitions related to the 

reproposed rules, and (iii) update or 

eliminate obsolete definitions in the 

NMS rules. 

For further information, please 

contact Jennifer Colihan, Special 

Counsel, at (202) 942–0735 (Order 

Protection Rule); David Liu, Attorney, at 

(202) 942–8085 (Access Rule); Ronesha 

Butler, Special Counsel, at (202) 942–

0791 (Sub-Penny Rule); Sapna Patel, 

Special Counsel, at (202) 942–0166 

(Market Data Rules, Allocation 

Amendment, and Governance 

Amendment); or Yvonne Fraticelli, 

Special Counsel, at (202) 942–0197 

(Regulation NMS). 

2. The Commission will consider 

whether to adopt new and amended 

rules and forms to address the 

registration, disclosure and reporting 

requirements for asset-backed securities 

under the Securities Act of 1933 and the 

Securities Exchange Act of 1934. The 

new and amended rules and forms 

relate to four primary regulatory areas: 

Securities Act registration; disclosure 

requirements; communications during 

the offering process; and ongoing 

reporting under the Exchange Act. 

For further information, please 

contact Jeffrey J. Minton, Special 

Counsel, or Jennifer G. Williams, 

Attorney-Advisor, Office of Rulemaking, 

Division of Corporation Finance, at 

(202) 942–2910. 

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 8, 2004. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–27251 Filed 2–8–04; 8:45 am] 

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50796; File No. SR–NSX–

2004–12] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

National Stock Exchange To Eliminate 

the ‘‘CBOE Exerciser Member’’

Membership Class, To Eliminate the 

Exchange’s Special Nominating 

Committee, and To Remove Certain 

Special Limitations on Changes to 

Certain By-Laws and Rules 

December 6, 2004. 

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 October 

21, 2004, National Stock Exchange 

(‘‘NSX’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in items I, II, and 

III below, which items have been 

prepared by the Exchange. 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 

NSX is proposing to amend its ByLaws and Rules in order to eliminate the 

right of the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’) 

members to become NSX members 

without purchasing membership 

certificates, to eliminate NSX’s Special 

Nominating Committee, and to remove 

certain special limitations on changes to 

certain By-Laws and Rules. The text of 

the proposed rule change is below. 

Proposed new language is in italics;

proposed deletions are in [brackets].

* * * * *

CODE OF REGULATIONS (BY-LAWS) 

OF NATIONAL STOCK EXCHANGE 

ARTICLE I. Definitions 

Section 1. When used in this Code of 

Regulations (By-Laws), unless the 

context otherwise requires—

* * * * *

(k) The term ‘‘Proprietary Member’’

means a person who was a ‘‘Regular 

Member’’ prior to the effective date of 

these By-Laws or a person who, 

pursuant to the provisions of Article II 

of these By-Laws, has applied for, and 

been admitted to, membership as a 

proprietary member subsequent to the 

effective date of these By-Laws. 

[References contained in these By-Laws 

to Proprietary Members shall be deemed 

to refer to both Proprietary Members 

with certificates and Proprietary 

Members without certificates unless 

expressly provided otherwise.]

* * * * *

[(m) The term ‘‘Protected Provisions’’

shall mean the provisions contained in 

Articles I, II, V, VI, VII, VIII, IX, X, XII, 

and XIII of these By-Laws and Rules 

11.9 and 11.10 of the Exchange Rules as 

in effect on the effective date of this 

provision of these By-Laws.] 

([n]m) No change. 

([o]n) No change.

* * * * *

ARTICLE II. Exchange Membership 

Section 1. Classes of Exchange Members 

The membership of the Exchange 

shall be comprised of [three]two classes 

of members: 

(i) Proprietary Members[with 

certificates]. 

(ii) [Proprietary Members without 

certificates. 

(iii)] Access Participant Members 

(‘‘Access Participants’’).

* * * * *

Section 5. Restrictions on Admittance to 

or Continuance in Membership and 

Association

* * * * *

5.2. Certain Restrictions Applicable to 

Proprietary Members Only 

(a) No applicant for proprietary 

membership[, except an applicant who 

is a CBOE member,] who fails to 

purchase and own a certificate of 

proprietary membership after the 

Exchange has approved such person’s 

application shall become a Proprietary 

Member of the Exchange. A CBOE 

member [shall be eligible to 

become]who became a Proprietary 

Member without certificate prior to the 

effective date of this provision of these 

By-Laws (‘‘CBOE Exerciser Member’’) 

shall have ninety days from such 

effective date to purchase a certificate of 

proprietary membership[of the 

Exchange without having to purchase 

and own a certificate of proprietary 

membership, provided such CBOE 

member meets all other requirements for 

eligibility set forth in these By-Laws]. 

During such ninety day period, a CBOE 

Exerciser Member who has not yet 

purchased a certificate of proprietary 

membership shall have the rights and 

obligations of a Proprietary Member 

without certificate as such rights and 

obligations were in effect prior to the 

effective date of this provision of these 

By-Laws. At the conclusion of the ninety