71336 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards Subcommittee Meeting on 

Power Uprates; Revised 

The agenda for the November 29–30, 

2005, ACRS Subcommittee on Power 

Uprates has been revised to include 

several sessions that may be closed to 

discuss information that is proprietary 

to General Electric Nuclear Energy, and 

other contractors of the licensee 

pursuant to 5 U.S.C. 552b(c)(4). All 

other items remain the same as 

published in the Federal Register on 

Monday, November 14, 2005 (70 FR 

69169). 

Further information regarding this 

meeting can be obtained by contacting 

Mr. Ralph Caruso (Telephone: 301–415–

8065) between 7:30 a.m. and 4:15 p.m. 

(ET). 

Dated: November 18, 2005. 

Michael L. Scott, 

Branch Chief, ACRS/ACNW. 

[FR Doc. E5–6550 Filed 11–25–05; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Excepted Service 

AGENCY: Office of Personnel 

Management (OPM). 

ACTION: Notice. 

SUMMARY: This gives notice of OPM 

decisions granting authority to make 

appointments under Schedules A, B, 

and C in the excepted service as 

required by 5 CFR 6.6 and 213.103. 

FOR FURTHER INFORMATION CONTACT: 

David Guilford, Center for Leadership 

and Executive Resources Policy, 

Division for Strategic Human Resources 

Policy, 202–606–1391. 

SUPPLEMENTARY INFORMATION: Appearing 

in the listing below are the individual 

authorities established under Schedules 

A, B, and C between October 1, 2005, 

and October 31, 2005. 

Future notices will be published on 

the fourth Tuesday of each month, or as 

soon as possible thereafter. 

A consolidated listing of all 

authorities as of June 30 is published 

each year. 

Schedule A 

No Schedule A appointments were 

approved for October 2005. 

Schedule B 

No Schedule B appointments were 

approved for October 2005. 

Schedule C 

The following Schedule C 

appointments were approved during 

October 2005: 

Section 213.3303 Executive Office of the 

President 

Office of Management and Budget 

BOGS60151 Confidential Assistant to 

the Administrator, E-Government and 

Information Technology. Effective 

October 4, 2005. 

BOGS60152 Confidential Assistant to 

the Executive Associate Director. 

Effective October 12, 2005. 

Office of the United States Trade 

Representative 

TNGS600489 Staff Assistant to the 

Chief of Staff. Effective October 14, 

2005. 

TNGS00018 Attorney-Adviser to the 

Chief of Staff. Effective October 25, 

2005. 

Section 213.3304 Department of State 

DSGS60996 Special Assistant to the 

Senior Advisor to the Secretary and 

White House Liaison. Effective October 

4, 2005. 

DSGS60994 Senior Advisor to the 

Under Secretary for Management. 

Effective October 11, 2005. 

DSGS60989 Special Assistant to the 

Assistant Secretary for Economic and 

Business Affairs. Effective October 12, 

2005. 

DSGS060991 Foreign Affairs Officer 

to the Assistant Secretary for Western 

Hemispheric Affairs. Effective October 

19, 2005. 

DSGS60977 Special Assistant to the 

Assistant Secretary for Economic and 

Business Affairs. Effective October 19, 

2005. 

DSGS61003 Special Assistant to the 

Assistant Secretary for Economic and 

Business Affairs. Effective October 25, 

2005. 

DSGS61007 Staff Assistant to the 

Director, Policy Planning Staff. Effective 

October 27, 2005. 

DSGS61008 Special Assistant to the 

Assistant Secretary for International 

Organizational Affairs. Effective October 

27, 2005. 

Section 213.3305 Department of the 

Treasury 

DYGS00462 Senior Advisor to the 

Under Secretary for International 

Affairs. Effective October 4, 2005. 

Section 213.3306 Department of Defense 

DDGS16893 Defense Fellow to the 

Special Assistant to the Secretary of 

Defense for White House Liaison. 

Effective October 1, 2005. 

DDGS16901 Special Assistant to the 

Assistant Secretary of Defense (Public 

Affairs). Effective October 27, 2005. 

Section 213.3307 Department of the 

Army 

DWGS00063 Confidential Assistant to 

the Assistant Secretary of Army 

(Installations and Environment). 

Effective October 3, 2005. 

Section 213.3310 Department of Justice 

DJGS00445 Special Assistant to the 

Director, Community Relations Service. 

Effective October 14, 2005. 

DJGS00178 Counsel to the Assistant 

Attorney General (Legal Policy). 

Effective October 18, 2005. 

DJGS00303 Associate Director to the 

Director. Effective October 18, 2005. 

DJGS00379 Special Assistant to the 

Director, Office of Public Affairs. 

Effective October 19, 2005. 

DJGS00322 Counsel to the Assistant 

Attorney General (Legal Policy). 

Effective October 24, 2005. 

DJGS00373 Staff Assistant to the 

Director, Office of Public Affairs. 

Effective October 28, 2005. 

Section 213.3311 Department of 

Homeland Security 

DMGS00425 Special Assistant and 

Policy Analyst to the Director, National 

Capital Region Coordination. Effective 

October 14, 2005. 

DMGS00427 Counselor to the 

Director, Bureau of Citizenship and 

Immigration Services. Effective October 

19, 2005. 

DMGS00428 Advisor to the Chief of 

Staff, Effective October 19, 2005. 

DMGS00408 Assistant Director of 

Legislative Affairs for Mass Transit and 

Immigration to the Assistant Secretary 

for Legislative Affairs. Effective October 

25, 2005. 

DMGS00430 Attorney-Adviser 

(General) to the General Counsel. 

Effective October 28, 2005. 

DMGS00431 Special Assistant to the 

Assistant Secretary for Information 

Analysis. Effective October 28, 2005. 

DMGS00432 Special Assistant to the 

Executive Director, Homeland Security 

Advisory Council. Effective October 28, 

2005. 

DMGS00433 Junior Writer and 

Researcher to the Director of 

Speechwriting. Effective October 28, 

2005. 

DMGS00435 Advisor to the Director 

to the White House Liaison. Effective 

October 28, 2005. 

DMGS00437 Advisor to the Director 

to the Chief of Staff for Citizenship and 

Immigration Services. Effective October 

28, 2005. 

DMOT00439 Special Assistant to the 

Assistant Secretary, Transportation 

Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices 71337 

Security Administration. Effective 

October 31, 2005. 

Section 213.3312 Department of the 

Interior 

DIGS01049 Counselor to the Assistant 

Secretary—Water and Science to the 

Assistant Secretary for Water and 

Science. Effective October 13, 2005. 

Section 213.3313 Department of 

Agriculture 

DAGS00829 Special Assistant to the 

Chief Information Officer. Effective 

October 13, 2005. 

DAGS00828 Special Assistant to the 

Under Secretary for Rural Development. 

Effective October 14, 2005. 

DAGS00832 Confidential Assistant to 

the Administrator. Effective 25, 2005. 

DAGS00833 Speechwriter to the 

Director of Communications. Effective 

28, 2005. 

DAGS00830 Special Assistant to the 

Deputy Administrator, Program 

Operations. Effective October 28, 2005. 

DAGS00831 Special Assistant to the 

Deputy Assistant Secretary for 

Congressional Relations. Effective 

October 31, 2005. 

Section 213.3314 Department of 

Commerce 

DCGS00352 Special Assistant to the 

Assistant to the Secretary and Director, 

Office of Policy and Strategic Planning. 

Effective October 13, 2005. 

DCGS00562 Special Assistant to the 

Deputy Secretary. Effective October 17, 

2005. 

DCGS00346 Confidential Assistant to 

the Director, Office of White House 

Liaison. Effective October 25, 2005. 

DCGS00162 Senior Advisor to the 

Assistant to the Secretary and Director, 

Office of Policy and Strategic Planning. 

Effective October 27, 2005. 

DCGS00379 Senior Counsel to the 

General Counsel. Effective October 27, 

2005. 

DCGS00476 Special Assistant to the 

Director, Executive Secreteriat. Effective 

October 28, 2005. 

DCGS00635 Director of Advisory 

Committees to the Assistant Secretary 

for Manufacturing and Services. 

Effective October 28, 2005. 

DCGS00560 Senior Policy Advisor to 

the Assistant to the Secretary and 

Director, Office of Policy and Strategic 

Planning Effective October 31, 2005. 

Section 213.3315 Department of Labor. 

DLGS60086 Senior Advisor to the 

Assistant Secretary for Employment 

Standards. Effective October 12, 2005. 

DLGS60018 Deputy Director of 

Scheduling to the Director of 

Scheduling. Effective October 25, 2005. 

DLGS60171 Director of Scheduling to 

the Chief of Staff. Effective October 25, 

2005. 

DLGS60218 Special Assistant to the 

Assistant Secretary for Public Affairs. 

Effective October 28, 2005. 

Section 213.3316 Department of 

Health and Human Services. 

DHGS60169 Special Assistant to the 

Assistant Secretary for Public Affairs. 

Effective October 13, 2005. 

DHGS60168 Confidential Assistant to 

the Deputy Assistant Secretary for 

Legislation (Planning and Budget) 

Effective October 19, 2005. 

Section 213.3317 Department of 

Education 

DBGS00469 Special Assistant to the 

Chief of Staff. Effective October 4, 2005. 

DBGS00471 Confidential Assistant to 

the Secretary. Effective October 12, 

2005. 

DBGS00465 Special Assistant to the 

Assistant Secretary for Elementary and 

Secondary Education. Effective October 

17, 2005. 

DBGS00470 Special Assistant to the 

Assistant Secretary for Vocational and 

Adult Education. Effective October 18, 

2005 

DBGS00473 Secretary’s Regional 

Representative, Region VI to the 

Director, Regional Services. Effective 

October 24, 2005. 

DBGS00464 Special Assistant to the 

Chief of Staff. Effective October 27, 

2005. 

DBGS00474 Deputy Secretary’s 

Regional Representative, Region IV to 

the Director, Regional Services. Effective 

October 28, 2005. 

DBGS00472 Special Assistant to the 

Assistant Secretary, Office of 

Communications and Outreach. 

Effective October 31, 2005. 

Section 213.3318 Environmental 

Protection Agency 

EPGS05011 Confidential Assistant to 

the Deputy Administrator. Effective 

October 4, 2005. 

EPGS05009 Program Advisor to the 

Deputy Associate Administrator. 

Effective October 25, 2005. 

Section 213.3325 United States Tax 

Court 

JCGS60061 Secretary (Confidential 

Assistant) to the Chief Judge. Effective 

October 4, 2005. 

Section 213.3328 Broadcasting Board of 

Governors. 

IBGS00021 Special Assistant to the 

Director, Voice of America. Effective 

October 14, 2005. 

Section 213.3330 Security and 

Exchange Commission. 

SEOT60007 Confidential Assistant to 

a Commissioner, Effective October 13, 

2005. 

SEOT90005 Speechwriter to the 

Chairman. Effective October 13, 2005. 

Section 213.3331 Department of Energy 

DEGS00495 Senior Counsel to the 

General Counsel. Effective October 12, 

2005. 

DEGS00497 Senior Advisor for 

External Affairs to the Director of 

Congressional, Intergovernmental and 

Public Affairs. Effective October 19, 

2005. 

DEGS00498 Special Advisor for 

Public Affairs to the Director of 

Congressional, Intergovernmental and 

Pubic Affairs. Effective October 24, 

2005. 

DEGS00493 Senior Policy Advisor to 

the Director, Office of Management. 

Effective October 28, 2005. 

Section 213.3332 Small Business 

Administration 

SBGS00592 Regional Administrator. 

Region III, Philadelphia, Pennsylvania, 

to the Assistant Administrator for Field 

Options. Effective October 12, 2005. 

SBGS00593 Deputy Associate 

Administrator for Congressional and 

Legislative Affairs to the Associate 

Administrator for Congressional and 

Legislative Affairs. Effective October 25, 

2005. 

Section 213.3355 Social Security 

Administration 

SZGS00018 Special Assistant to the 

Chief of Staff. Effective October 13, 

2005. 

Section 213.3357 National Credit Union 

Administration. 

CUOT0030 Associate Director of 

External Affairs to the Chairman. 

Effective October 19, 2005. 

Section 213.3382 National Endowment 

for the Humanities 

NHGS00079 Advisor to the Chairman. 

Effective October 24, 2005. 

Section 213.3394 Department of 

Transportation. 

DTGS60342 Special Assistant for 

Scheduling and Advance to the Director 

for Scheduling and Advance. Effective 

October 13, 2005. 

DTGS60117 Assistant to the Secretary 

for Policy. Effective October 18, 2005. 

DTGS60369 Deputy Assistant 

Secretary for Governmental Affairs to 

the Assistant Secretary for 

Governmental Affairs. Effective October 

24, 2005. 

71338 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Notices 

1 15 U.S.C. 80a–1. 

2For example, fund directors must approve 

investment advisory and distribution contracts. See 

15 U.S.C. 80a–15(a), (b), and (c). 

3 Investment Company Act Release No. 4 (Oct. 29, 

1940) [5 FR 4316 (Oct. 31, 1940)]. Note that rule 0–

1 was originally adopted as rule N–1. 

4The relevant exemptive rules are: Rule 10f–3 [17 

CFR 270.10f–3], Rule 12b–1 [17 CFR 270.12b–1], 

Rule 15a–4(b)(2) [17 CFR 270.15a–4(b)(2)], Rule 

17a–7 [17 CFR 270.17a–7], Rule 17a–8 [17 CFR 

270.17a–8], Rule 17d–1(d)(7) [17 CFR 270.17d–

1(d)(7)], Rule 17e–1(c) [17 CFR 270.17e–1(c)], Rule 

17g–1 [17 CFR 270.17g–1], Rule 18f–3 [17 CFR 

270.18f–3], and Rule 23c–3 [17 CFR 270.23c–3]. 

5See Role of Independent Directors of Investment 

Companies, Investment Company Act Release No. 

24816 (Jan. 2, 2001) [66 FR 3735 (Jan. 16, 2001)]. 

6A ‘‘control person’’ is any person—other than a 

fund—directly or indirectly controlling, controlled 

by, or under common control, with any of the 

fund’s management organizations. See 17 CFR 

270.01(a)(6)(iv)(B). 

DTGS60003 Special Assistant to the 

Secretary and Deputy Director for 

Scheduling and Advance to the 

Secretary. Effective October 28, 2005. 

Section 213.3397 Federal Housing 

Finance Board 

FBOT00005 Staff Assistant to the 

Chairman. Effective October 25, 2005. 

Authority: 5 U.S.C. 3301 and 3302; E.O. 

10577, 3 CFR 1954–1958 Comp., P.218. 

Office of Personnel Management 

Linda M. Springer, 

Director. 

[FR Doc. 05–23388 Filed 11–22–05; 5:04 pm] 

BILLING CODE 6325–39–M 

POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting 

Date and Times: Tuesday, December 6, 

2005; 8 a.m. and 10 a.m. 

Place: Washington, DC, at U.S. Postal 

Service Headquarters, 475 L’Enfant 

Plaza, SW., in the Benjamin Franklin 

Room. 

Status: December 6–8 a.m. (Open); 10 

a.m. (Closed) 

Matters To Be Considered 

Tuesday, December 6 at 8 a.m. (Open) 

1. Minutes of the Previous Meetings, 

November 1, and 16, 2005. 

2. Remarks of the Postmaster General 

and CEO Jack Potter. 

3. Committee Reports. 

4. Fiscal Year 2005 Audited Financial 

Statements. 

5. Postal Service Fiscal Year 2005 

Annual Report. 

6. Final Fiscal Year 2007 

Appropriation Request. 

7. Capital Investment—Mail 

Processing Infrastructure (MPI), Phase 3. 

8. Tentative Agenda for the January 

10, 2006, meeting in Washington, DC. 

Tuesday, December 6 at 10 a.m. 

(Closed) 

1. Financial Update and Rate Case 

Planning. 

2. Labor Negotiations Planning. 

3. Strategic Planning. 

4. Personnel Matters and 

Compensation Issues. 

Contact Person for More Information: 

William T. Johnstone, Secretary of the 

Board, U.S. Postal Service, 475 L’Enfant 

Plaza, SW., Washington, DC 20260–

1000. Telephone (202) 268–4800. 

William T. Johnstone, 

Secretary. 

[FR Doc. 05–23391 Filed 11–22–05; 4:43 pm] 

BILLING CODE 7710–12–M 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549. 

Extension: 

Rule 0–1; SEC File No. 270–472; OMB 

Control No. 3235–0531. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) plans to submit to the 

Office of Management and Budget 

requests for extension of the previous 

approved collections of information 

discussed below. 

The Investment Company Act of 1940 

(the ‘‘Act’’) 1 establishes a 

comprehensive framework for regulating 

the organization and operation of 

investment companies (‘‘funds’’). A 

principal objective of the Act is to 

protect fund investors by addressing the 

conflicts of interest that exist between 

funds and their investment advisers and 

other affiliated persons. The Act places 

significant responsibility on the fund 

board of directors in overseeing the 

operations of the fund and policing the 

relevant conflicts of interest.2

In one of its first releases, the 

Commission exercised its rulemaking 

authority pursuant to sections 38(a) and 

40(b) of the Act by adopting rule 0–1 [17 

CFR 270.0–1].3 Rule 0–1, as 

subsequently amended on numerous 

occasions, provides definitions for the 

terms used by the Commission in the 

rules and regulations it has adopted 

pursuant to the Act. The rule also 

contains a number of rules of 

construction for terms that are defined 

either in the Act itself or elsewhere in 

the Commission’s rules and regulations. 

Finally, rule 0–1 defines terms that 

serve as conditions to the availability of 

certain of the Commission’s exemptive 

rules. More specifically, the term 

‘‘independent legal counsel,’’ as defined 

in rule 0–1, sets out conditions that 

funds must meet in order to rely on any 

of ten exemptive rules (‘‘exemptive 

rules’’) under the Act.4

The Commission amended rule 0–1 to 

include the definition of the term 

‘‘independent legal counsel’’ in 2001.5

This amendment was designed to 

enhance the effectiveness of fund boards 

of directors and to better enable 

investors to assess the independence of 

those directors. The Commission also 

amended the exemptive rules to require 

that any person who serves as legal 

counsel to the independent directors of 

any fund that relies on any of the 

exemptive rules must be an 

‘‘independent legal counsel.’’ This 

requirement was added because 

independent directors can better 

perform the responsibilities assigned to 

them under the Act and the rules if they 

have the assistance of truly independent 

legal counsel. 

If the board’s counsel has represented 

the fund’s investment adviser, principal 

underwriter, administrator (collectively, 

‘‘management organizations’’) or their 

‘‘control persons’’ 6 during the past two 

years, rule 0–1 requires that the board’s 

independent directors make a 

determination about the adequacy of the 

counsel’s independence. A majority of 

the board’s independent directors are 

required to reasonably determine, in the 

exercise of their judgment, that the 

counsel’s prior or current representation 

of the management organizations or 

their control persons was sufficiently 

limited to conclude that it is unlikely to 

adversely affect the counsel’s 

professional judgment and legal 

representation. Rule 0–1 also requires 

that a record for the basis of this 

determination is made in the minutes of 

the directors’ meeting. In addition, the 

independent directors must have 

obtained an undertaking from the 

counsel to provide them with the 

information necessary to make their 

determination and to update promptly 

that information when the person begins 

to represent a management organization 

or control person, or when he or she 

materially increases his or her 

representation. Generally, the 

independent directors must re-evaluate 

their determination no less frequently 

than annually.