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 http://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 

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 http://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 

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]. 

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. 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 72477 

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. 

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 

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 

proposed rule change is set forth below. 

Italics indicate new text. 

Telemarketing 

Rule 429. 

(a) General Telemarketing Requirements 

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: 

(1) Time of Day Restriction 

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 

(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