Federal Register / Vol. 66, No. 43 / Monday, March 5, 2001 / Notices 13357

Board up to 15 days prior to the first

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, located at One

White Flint North, 11555 Rockville Pike

(first floor), Rockville, Maryland, 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 James R. Curtiss,

Esq., Winston & Strawn, 1400 L Street,

N.W., Washington, DC 20005–3502,

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 April 14, 2000, and

supplements dated June 2, July 28, and

December 1, 2000, and January 31, 2001,

which are available for public

inspection at the Commission’s Public

Document Room, located at One White

Flint North, 11555 Rockville Pike (first

floor), Rockville, Maryland, 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 1st day

of March 2001.

For the Nuclear Regulatory Commission.

L. Raynard Wharton,

Project Manager, Section 2 Project Directorate

IV and Decomissioning Division of Licensing

Project Management, Office of Nuclear

Reactor Regulation.

[FR Doc. 01–5409 Filed 3–2–01; 8:45 am]

BILLING CODE 7590–01–P

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Proposed Collection; Comment

Request

Upon Written Request, Copies

Available From: Securities and

Exchange Commission, Office of Filings

and Information Services, Washington,

DC 20549. Extension: Notification under

Regulation E; Form 1–E; Rule 604 and

Rule 605, SEC File No. 270–221, OMB

Control No. 3235–0232.

Notice is hereby given that, pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the

Securities and Exchange Commission

(‘‘Commission’’) is soliciting comments

on the collections of information

summarized below. The Commission

plans to submit these existing

collections of information to the Office

of Management and Budget for

extension and approval.

Rule 604—Filing of Notification on

Form 1–E

Rule 604 of Regulation E [17 CFR

230.604] under the Securities Act of

1933 [15 U.S.C. 77a et seq.] (‘‘Securities

Act’’) requires a small business

investment company (‘‘SBIC’’) or a

business development company

(‘‘BDC’’) claiming an exemption from

registering its securities under the

Securities Act to file a notification with

the Commission on Form 1–E.

Rule 605—Filing and Use of the

Offering Circular

Rule 605 of Regulation E [17 CFR

230.605] under the Securities Act

requires an SBIC or BDC claiming an

exemption from registering its securities

under the Securities Act to file an

offering circular with the Commission

that must also be provided to persons to

whom an offer is made.

Form 1–E—Notification Under

Regulation E

Form 1–E is the form that an SBIC or

BDC uses to notify the Commission that

it is claiming an exemption under

Regulation E from registering its

securities under the Securities Act.

Form 1–E requires an issuer to provide

the names and addresses of the issuer,

its affiliates, director, officers, and

counsel; a description of events which

would make the exemption unavailable;

the jurisdiction in which the issuer

intends to offer its securities;

information about unregistered

securities issued or sold by the issuer

within one year before filing the

notification on Form 1–E; information

as to whether the issuer is presently

offering or contemplating offering any

other securities; and exhibits, including

copies of the offering circular and any

underwriting contracts.

The Commission uses the information

provided in the notification on Form 1–

E and the offering circular to determine

whether an offering qualifies for the

exemption under Regulation E. It is

estimated that approximately three

issuers file with the Commission

approximately two notifications on

Form 1–E annually, including offering

circulars. The Commission estimates

that the total burden hours for preparing

these notifications would be 600 hours

13358 Federal Register / Vol. 66, No. 43 / Monday, March 5, 2001 / Notices

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

2 17 CFR 240.19b–4.

3See Securities Exchange Act Release No. 43827

(January 9, 2001), 66 FR 4874.

4 In Amendment No. 1, CBOE made minor

technical changes to the rule text that do not need

to be published for comment. See letter from Arthur

B. Reinstein, Associate General Counsel, CBOE, to

Sapna Patel, Attorney, Division of Market

Regulation (‘‘Division’’), Commission (January 11,

2001) (‘‘Amendment No. 1’’).

in the aggregate. Estimates of average

burden hours are made solely for the

purposes of the Paperwork Reduction

Act, and are not derived from a

comprehensive or even a 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 Michael E. Bartell, Associate

Executive Director, Office of

Information Technology, Securities and

Exchange Commission, 450 5th Street,

NW., Washington, DC 20549.

Dated: February 16, 2001.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–4931 Filed 3–2–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

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Submission for OMB Review;

Comment Request

Upon Written Request; Copies Available

From: Securities and Exchange

Commission, Office of Filings and

Information Services, Washington, DC

20549

Extension:

Industry Guides, SEC File No. 270–69,

OMB Control No. 3235–0069

Notice of Exempt Roll-Up Preliminary

Communication, SEC File No. 270–396,

OMB Control No. 3235–0425.

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’’) has submitted to the

Office of Management and Budget

requests for extension of the previously

approved collections of information

discussed below.

Industry Guides are used by

registrants in certain specified

industries as disclosure guidelines in

preparing Securities Act of 1933

(‘‘Securities Act’’) and Securities

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

registration statements as well as other

Exchange Act filings. The information

filed with the Commission using the

industry guides permits verification of

compliance with securities law

requirements and assures the public

availability and dissemination of such

information. The information required

by the industry guides is filed on

occasion and is mandatory. All

information is provided to the public.

The Commission estimates for

administrative purposes that the total

annual burden is one hour and the total

number of respondents is one.

Notice of Exempt Preliminary Roll-Up

Communication (‘‘Notice’’) is required

to be filed by a person making such a

communication by Exchange Act Rules

14a–2(b)(4) and 14a–6(a). The Notice

provides public information regarding

the person’s ownership interest and any

potential conflicts of interest. The

Notice is filed on occasion and the

information required is mandatory. All

information is provided to the public

upon request. The Notice takes

approximately .25 hours per response

and is filed by 4 respondents for a total

1 annual burden hour.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

Written comments regarding the

above information should be directed to

the following persons: (i) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Room 10102,

New Executive Office Building,

Washington, DC 20503; and (ii) Michael

E. Bartell, Associate Executive Director,

Office of Information Technology,

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549. Comments must be submitted to

OMB within 30 days of this notice.

Dated: February 21, 2001.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–5245 Filed 3–2–01; 8:45 am]

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[Release No. 34–44005; File No. SR–CBOE–

00–60]

Self-Regulatory Organizations; Order

Approving Proposed Rule Change by

the Chicago Board Options Exchange,

Inc. To Change Its Membership

Application Posting Process and

Clarify Its Membership Rules

February 26, 2001.

I. Introduction

On November 22, 2000, the Chicago

Board Options Exchange, Inc. (‘‘CBOE’’

or ‘‘Exchange’’), filed with the Securities

and Exchange Commission

(‘‘Commission’’), pursuant to section

19(b)(1) of the Securities Exchange Act

of 1934 (‘‘Act’’),1 and Rule 19b–4

thereunder,2 a proposed rule to change

its membership application posting

process and to make some clarifying

revisions to its membership rules. The

Commission issued a release seeking

comment on the proposed rule change 3

which was published in the Federal

Register on January 18, 2001. No

comments were received on the

proposal. On January 12, 2001, CBOE

filed Amendment No. 1 to the proposed

rule change.4 This order approves the

proposed rule change, as amended.

II. Description of the Proposed Rule

Change

The Exchange propose to change its

membership application posting process

and make some clarifying revisions to

its membership rules.

Under CBOE Rule 3.9(e), a posting

must be included in the Exchange

Bulletin and on the Exchange Bulletin

Board with respect to any application

for membership, any application from a

current member to change membership

capacity statuses, and any application to

change Clearing Members (unless the

posting requirement is waived under

certain specified circumstances in

accordance with the provisions of the

rule). CBOE Rule 3.9(e) also provides

that the posting period on the Exchange

Bulletin Board be no less than ten days,

and that the Exchange’s Membership

Committee shall determine the required

posting period for each of these types of