Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices 6245

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the

hearing. The petitioner must also

provide references to those specific

sources and documents of which the

petitioner is aware and on which the

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with

the applicant on a material issue of law

or fact. Contentions shall be limited to

matters within the scope of the

amendment under consideration. The

contention must be one which, if

proven, would entitle the petitioner to

relief. A petitioner who fails to file such

a supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing, including the opportunity to

present evidence and cross-examine

witnesses.

If a hearing is requested, the

Commission will make a final

determination on the issue of no

significant hazards consideration. The

final determination will serve to decide

when the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff, or

may be delivered to the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, by the above date. A

copy of the petition should also be sent

to the Office of the General Counsel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, and to

Anne W. Cottington, Winston and

Strawn, 1200 17th Street, NW.,

Washington, DC 20005, attorney for the

licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated January 27, 2000,

which is available for public inspection

at the Commission’s Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC, and

accessible electronically through the

ADAMS Public Electronic Reading

Room link at the NRC Web site (http:/

/www.nrc.gov).

Dated at Rockville, Maryland, this 2nd day

of February, 2000.

For the Nuclear Regulatory Commission.

David E. LaBarge,

Senior Project Manager, Section 1, Project

Directorate II, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–2834 Filed 2–7–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 55–32443–SP]

In the Matter of Michel A. Philippon

(Denial of Senior Reactor Operator)

License Application; Notice of

Appointment of Adjudicatory

Employee

Commissioners: Richard A. Meserve,

Chairman, Greta J. Dicus, Nils J. Diaz,

Edward McGaffigan, Jr., Jeffrey S. Merrifield.

Pursuant to 10 CFR 2.4, notice is

hereby given that Mr. Richard Baldwin,

a Commission employee in Region II,

Division of Reactor Safety, Operator

Licensing and Human Performance

Branch, has been appointed as a

Commission adjudicatory employee

within the meaning of section 2.4, to

advise the Commission regarding issues

relating to the pending petition for

review of the Presiding Officer’s Initial

Decision, LBP–99–44. Mr. Baldwin has

not previously performed any

investigative or litigating function in

connection with this or any related

proceeding. Until such time as a final

decision is issued in this matter,

interested persons outside the agency

and agency employees performing

investigative or litigating functions in

this proceeding are required to observe

the restrictions of 10 CFR 2.780 and

2.781 in their communications with Mr.

Baldwin.

It is so ordered.

For the Commission.

Dated at Rockville, Maryland, this 2nd day

of February, 2000.

Annette L. Vietti-Cook,

Secretary of the Commission.

[FR Doc. 00–2832 Filed 2–7–00; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Investment Company Act Release No.

24274; 812–11898]

The Victory Portfolios, et al.; Notice of

Application

February 1, 2000.

AGENCY: Securities and Exchange

Commission (‘‘Commission’’).

ACTION: Notice of an application under

sections 6(c) and 17(b) of the Investment

Company Act of 1940 (the ‘‘Act’’) for an

exemption from sections 12(d)(1)(A) and

17(a) of the Act, and under section 17(d)

of the Act and rule 17d–1 under the Act

to permit certain joint transactions.

SUMMARY: Applicants seek to amend a

prior order that permits non-money

market series of a registered open-end

management investment company to

purchase shares of one or more of the

money market series of such registered

investment company by adding one

registered open-end management

investment company and one

investment adviser as applicants.

Applicants: The Victory Portfolios

(formerly known as The Society Funds),

The Highmark Group, The Parkstone

Group of Funds, The Conestoga Family

of Funds, The AmSouth Funds

(formerly known as The ASO Outlook

Group), The Sessions Group, American

Performance Funds, The Coventry

Group, BB&T Mutual Funds Group

(collectively, the ‘‘Original Funds’’);

Society Asset Management, Inc., Union

6246 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices

1 Investment Company Act Release Nos. 19695

(Sept. 9, 1993) (notice) and 19759 (Oct. 5, 1993)

(order).

2 Investment Company Act Release Nos. 22636

(April 24, 1997) (notice) and 22677 (May 20, 1997)

(order). 3 Investment Company Act Release Nos. 23393

(Aug. 18, 1998) (notice) and 23436 (Sept. 15, 1998)

(order). 4 Investment Company Act Release Nos. 23962

(Aug. 23, 1999) (notice) and 24021 (Sept. 21, 1999)

(order).

5The requested relief also would extend to any

other registered open-end management investment

companies advised by the New Adviser or any

person directly or indirectly controlling, controlled

by, or under common control with the New

Adviser, and for which BISYS or any person

directly or indirectly controlling, controlled by, or

under common control with BISYS, now or in the

future serves as principal underwriter.

Bank of California, N.A. (formerly

known as The Bank of California), First

of America Investment Corporation,

Meridian Investment Company,

AmSouth Bank (formerly known as

AmSouth Bank, N.A.), National Bank of

Commerce, BancOklahoma Trust

Company, AMR Investment Services,

Inc., Boatmen’s Trust Company,

AMCORE Capital Management, Inc.,

and Branch Banking and Trust

Company (collectively, the ‘‘Original

Advisers’’); BISYS Fund Services

Limited Partnership (formerly known as

The Winsbury Company) (‘‘BISYS’’),

BISYS Fund Services Ohio, Inc.

(formerly known as The Winsbury

Service Corporation) (all of the above

entities collectively, the ‘‘Original

Applicants’’); BISYS Fund Services, Inc.

(‘‘BISYS Services’’); Martindale Andres

& Company, Inc. and 1st Source Bank

(collectively, the ‘‘First Additional

Advisers’’); Eureka Funds, Performance

Funds Trust, and Centura Funds, Inc.

(collectively, the ‘‘First Additional

Funds’’); Sanwa Bank California,

Trustmark National Bank and Centura

Bank (collectively, the ‘‘Second

Additional Advisers’’); The Infinity

Mutual Funds, Inc. (the ‘‘Second

Additional Fund’’); First American

National Bank (the ‘‘Third Additional

Adviser’’); Magna Funds (the ‘‘New

Fund’’) and Union Planters Bank,

National Association (the ‘‘New

Adviser’’).

The Sessions Group, BISYS, BISYS

Fund Services Ohio, Inc. and the First

Additional Advisers are also referred to

as the ‘‘First Subsequent Applicants.’’

BISYS, BISYS Services, the First

Additional Funds, and the Second

Additional Advisers are also referred to

as the ‘‘Second Subsequent Applicants.’’

BISYS, BISYS Fund Services Ohio, Inc.,

the Second Additional Fund and the

Third Additional Adviser are referred to

collectively as the ‘‘Third Subsequent

Applicants.’’ The Original Applicants,

the First Subsequent Applicants, the

Second Subsequent Applicants and the

Third Subsequent Applicants are also

referred to collectively as the ‘‘Prior

Applicants.’’ BISYS, BISYS Services,

the New Fund, and the New Adviser are

referred to collectively as the ‘‘New

Applicants.’’

FILING DATE: The application was filed

on December 22, 1999.

Hearing or Notification of Hearing: An

order granting the application will be

issued unless the Commission orders a

hearing. Interested persons may request

a hearing by writing to the

Commission’s Secretary and serving

applicants with a copy of the request,

personally or by mail. Hearing requests

should be received by the Commission

by 5:30 p.m. on February 28, 2000, and

should be accompanied by proof of

service on applicants, in the form of an

affidavit or, for lawyers, a certificate of

service. Hearing requests should state

the nature of the writer’s interest, the

reason for the request, and the issues

contested. Persons who wish to be

notified of a hearing may request

notification by writing to the

Commission’s Secretary.

ADDRESSES: Secretary, Securities and

Exchange Commission, 450 Fifth Street,

N.W., Washington, DC 20549–0609.

Applicants, c/o Charles H. Hire, Esq.,

Baker & Hostetler LLP, 65 East State

Street—Suite 2100, Columbus, Ohio

43215.

FOR FURTHER INFORMATION CONTACT:

Lawrence W. Pisto, Senior Counsel, at

(202) 942–0527, or Mary Kay Frech,

Branch Chief, at (202) 942–0564, Office

of Investment Company Regulation,

Division of Investment Management.

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee at the

Commission’s Public Reference Branch,

450 Fifth Street, N.W., Washington, DC

20549–0102 (tel. (202) 942–8090).

Applicants’ Representations

1. On October 5, 1993, the

Commission issued an order (the

‘‘Original Order’’) under sections 6(c)

and 17(b) of the Act that exempted the

Original Applicants from the provisions

of sections 12(d)(1)(A) and 17(a) of the

Act and that permitted, pursuant to rule

17d–1, certain joint transactions in

accordance with section 17(d) and rule

17d–1.1 The Original Order permitted:

(i) the non-money market series of an

Original Fund to utilize cash reserves

that have not been invested in portfolio

securities (‘‘Uninvested Cash’’) to

purchase shares of one or more of the

money market series of such Original

Fund; and (ii) the sale of shares by the

money market series of an Original

Fund to the non-money market series of

such Original Fund, and the purchase

(or redemption) of their shares by the

money market series of the Original

Fund from the non-money market series

of such Original Fund.

2. On May 20, 1997, the Commission

issued an order that amended the

Original Order (together with the

Original Order, the ‘‘First Amended

Order’’), by extending the relief granted

in the Original Order to the First

Subsequent Applicants.2

3. On September 15, 1998, the

Commission issued an order that

amended the Original Order for the

second time (together with the First

Amended Order, the ‘‘Second Amended

Order’’), by extending the relief granted

in the Original Order to the Second

Subsequent Applicants.3

4. On September 21, 1999, the

Commission issued an order that

amended the Original Order for the

third time (together with the Second

Amended Order, the ‘‘Third Amended

Order’’), by extending the relief granted

in the Original Order to the Third

Subsequent Applicants.4 The Original

Order, the First Amended Order, the

Second Amended Order and the Third

Amended Order are referred to herein

collectively as the ‘‘Amended Order.’’

5. The New Fund is an open-end

management investment company

registered under the Act and organized

as a Massachusetts business trust. The

New Fund currently offers three series,

one of which is a money market fund,

and is advised by the New Adviser. The

New Adviser is not registered under the

Investment Advisers Act of 1940 (the

‘‘Advisers Act’’) in reliance upon the

exclusion from the definition of

investment adviser set forth in section

202(a)(11)(A) of the Advisers Act.

BISYS, one of the Prior Applicants, is

the principal underwriter and

administrator for each series of the New

Fund. BISYS Services, also one of the

Prior Applicants, is the transfer agent

and fund account for each series of the

New Fund.

6. The New Applicants seek to have

the exemptive relief granted under the

Amended Order extended to include

them so as to permit the non-money

market series of the New Fund which

are advised by the New Adviser to

utilize Uninvested Cash to purchase

shares of one or more of the money

market series of the New Fund which

are advised by the New Adviser.5 The

New Applicants consent to the

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices 6247

conditions set forth in the application

for the Amended Order and agree to be

bound by the terms and provisions of

the Amended Order to the same extent

as the Prior Applicants. The New

Applicants believe that granting the

requested order is appropriate in the

public interest and consistent with the

protection of investors and the purposes

fairly intended by the policy and

provisions of the Act.

For the Commission, by the Division of

Investment Management, under delegated

authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–2746 Filed 2–7–00; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Agency Information Collection

Activities: Emergency Consideration

Request

In compliance with Public Law 104–

13, the Paperwork Reduction Act of

1995, the Social Security

Administration (SSA) is providing

notice of its information collections that

require submission to the Office of

Management and Budget (OMB). SSA is

requesting emergency consideration

from OMB by 02/16/2000 of the

information collections listed below.

1. Request to be Selected as Payee—

0960–0014. The information collected

on Form SSA–11–BK is used to

determine the proper payee for a Social

Security beneficiary, and it is designed

to aid in the investigation of a payee

applicant. The form will establish the

applicant’s relationship to the

beneficiary, the justification, the

concern for the beneficiary and the

manner in which the benefits will be

used. The respondents are applicants for

selection as representative payee for Old

Age, Survivors and Disability Insurance

(OASDI), Supplemental Security Income

(SSI), Black Lung benefits and title-VIII

Special Veterans Benefits.

Number of Respondents: 2,121,686.

Frequency of Response: 1.

Average Burden Per Response: 10.5

minutes.

Estimated Annual Burden: 371,295

hours.

2. Application for Special Benefits for

World War II Veterans–0960–NEW. The

information collected on Form SSA–

2000 will be used by the Social Security

Administration to elicit the information

necessary to determine entitlement of an

individual to benefits under title VIII of

the Social Security Act. Respondents are

certain World War II Veterans as

identified under title VIII.

Number of Respondents: 12,000.

Frequency of Response: 1.

Average Burden Per Response: 20

minutes.

Estimated Annual Burden: 4,000

hours.

Background Information

In November 1999, Congress passed

the Foster Care Independence Act, and

on December 14, 1999, the President

signed it into law (Pub. L. 106–169). An

important part of this legislation,

section 251, creates a new title VIII of

the Social Security Act, which is a new

program for SSA to administer. Title

VIII provides for a program of special

benefits for certain World War II

veterans as defined below:

Veterans of the U.S. military and the

organized military forces of the Philippines

(while in the service of the U.S. Armed

Forces) during World War II, who are age 65

or older on or before December 14, 1999 and

who are eligible for SSI benefits in both the

month of enactment and the month of

application for the Special Veterans Benefit

(SVB), and whose total benefit income is less

than the title VIII benefit amount, are entitled

to a title VIII benefit for each month the

individual resides outside the United States.

The law provides that an individual

who meets all statutory requirements

will be entitled to title VIII benefits

beginning with October 2000, or such

earlier month that the Commissioner

determines is administratively feasible.

In recognition of the stated desire of

many foreign-born potential applicants

for special benefits under SVB to return

to their homelands, SSA is targeting its

implementation efforts to begin

payments as early as May 2000.

Accordingly SSA has revised the

SSA–11–BK, Request to be Selected as

Payee, to include payee applicants

under title VIII, and has developed the

new SSA–2000, Application for Special

Benefits for World War II Veterans, in

order to administer the title VIII

program.

You can obtain a copy of the

collection instruments and/or OMB

clearance packages by calling the SSA

Reports Clearance Officer on (410) 965–

4145, or by writing to him at: Social

Security Administration, DCFAM, Attn:

Frederick W. Brickenkamp, 6401

Security Blvd., 1–A–21 Operations

Bldg., Baltimore, MD 21235.

Dated: February 1, 2000.

Frederick W. Brickenkamp,

Reports Clearance Officer.

[FR Doc. 00–2727 Filed 2–7–00; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements

Filed During the Week Ending January

28, 2000

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C.

Sections 412 and 414. Answers may be

filed within 21 days after the filing of

the application.

Docket Number: OST–2000–6826.

Dated Filed: January 27, 2000.

Parties: Members of the International

Air Transport Association.

Subject: PTC3 0408 dated 28 January

2000; Mail Vote 060—Resolution 043i;

TC3 Intermediate Class Fares between

Japan, Korea and South East Asia—

Amend Fares from Singapore to Japan;

Intended effective date: 1 April 2000.

Docket Number: OST–2000–6830.

Dated Filed: January 27, 2000.

Parties: Members of the International

Air Transport Association.

Subject: CAC/27/Meet/008/

Expedited/99; Cargo Agency Expedited

Resolution 809; Intended effective date:

January 1, 2000.

Docket Number: OST–2000–6837.

Dated Filed: January 28, 2000.

Parties: Members of the International

Air Transport Association.

Subject: CTC Comp 0052 dated 12

August 1997—Mail Vote 875;

Resolution 116ss; Airline Justifications;

Intended effective date—Upon

Government Approvals.

Dorothy W. Walker,

Federal Register Liaison.

[FR Doc. 00–2775 Filed 2–7–00; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending January 28, 2000

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et seq.). The due date for

Answers, Conforming Applications, or

Motions to Modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.