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Code · REGISTER · 2005-12-09 · National Aeronautics and Space Administration · Notices

Notices. Notice of availability of inventions for licensing

7,905 words·~36 min read·/register/2005/12/09/05-23844·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4510-29-C NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-161)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark office, and are available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: James J. McGroary; Patent Counsel, Marshall Space Flight Center, Mail Code LS01, Huntsville, AL 35812; telephone
(256)544-6580; fax
(256)544-0258. *NASA Case No. MFS-32136-1:* Video Image Stabilization And Registration—Plus (VISAR+); *NASA Case No. MFS-32000-1:* Miniature Housing With Standard Addressable Interface For Smart Sensors And Drive Electronics; *NASA Case No. MFS-31842-1:* Gas Volume Contents Within A Container, Smart Volume Instrument. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7161 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-164)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark office, and are available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: David Walker, Patent Counsel, Goddard Space Flight Center, Mail Code 140.1, Greenbelt, MD 20771-0001; telephone
(301)286-7351; fax
(301)286-9502. *NASA Case No. GSC-14562-1:* Stepping Flexures; *NASA Case No. GSC-14941-1:* Method And System For Direct Implementation Of Formal Specifications Derived Mechanically From Informal Requirements; *NASA Case No. GSC-14942-1:* Method And System For Formal Analysis, Simulation, And Verification Of Knowledge-Based Systems, Rule-Based Systems, And Expert Systems; *NASA Case No. GSC-14793-1:* Radiation Hardened Fast Acquisition/Weak Signal Tracking System And Method; *NASA Case No. GSC-14845-1:* Demiseable Momentum Exchange System; *NASA Case No. GSC-14968-1:* System And Method For Managing Autonomous Entities Through Apoptosis; *NASA Case No. GSC-14777-1:* Large Area Vacuum Ultra-Violet Sensors; *NASA Case No. GSC-14,833-1:* Systems And Method Of Analyzing Vibrations And Identifying Failure Signatures In the Vibrations; *NASA Case No. GSC-14955-1:* Virtual Feel Capaciflectors; *NASA Case No. GSC-14994-1:* A Split-Remerge Method For Eliminating Processing Window Artifacts In Recursive Hierarchical Segmentation. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7162 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-165)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The invention listed below is assigned to the National Aeronautics and Space Administration, is the subject of a patent application that has been filed in the United States Patent and Trademark office, and is available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Mark Homer, Patent Counsel, NASA Management Office—JPL, 4800 Oak Grove Drive, Mail Stop 180-200, Pasadena, CA 91109; telephone
(818)354-7770. *NASA Case No. NPO-40530-1:* Ultra Compact Spectrometer Apparatus and Method Using Photonic Crystals; *NASA Case No. NPO-40752:* Improved Solar Cell Circuit and Method for Manufacturing Solar Cells. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7163 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-166)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The invention listed below is assigned to the National Aeronautics and Space Administration, has been filed in the United States Patent and Trademark office, and is available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Edward K. Fein, Patent Counsel, Johnson Space Center, Mail Code HA, Houston, TX 77058-8452; telephone
(281)483-4871; fax
(281)244-8452. *NASA Case No. MSC-23695-1:* Connector Adapter; *NASA Case No. MSC-23846-1:* Redesign Of The Human Metabolic Simulator. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7164 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-163)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Kent N. Stone, Patent Counsel, Glenn Research Center at Lewis Field, Code 500-118, Cleveland, OH 44135; telephone
(216)433-8855; fax
(216)433-6790. *NASA Case No. LEW-17694-1:* Apparatus And Method For Packaging And Integrating Microphotonic Devices; *NASA Case No. LEW-17353-2:* Series Connected Buck Boost Converter; *NASA Case No. LEW-17661-1:* Actuator Operated Microvalves; *NASA Case No. LEW-17630-1:* Bi-Electrode Supported Cell For High Power Density Solid Oxide Fuel Cells; *NASA Case No. LEW-17634-1:* Monolithic Solid Oxide Fuel Cell Stack With Symmetrical Bi-Electrode Supported Cells. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7166 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-162)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Robert M. Padilla, Patent Counsel, Ames Research Center, Code 202A-4, Moffett Field, CA 94035-1000; telephone
(650)604-5104; fax
(650)604-2767. *NASA Case No. ARC—15443:* Advanced Sunphotometer; *NASA Case No. ARC-15575-1:* Use of Patterned CNT Arrays For Display Purposes; *NASA Case No. ARC-15566-1:* Chemical Sensors Using Coated Or Doped Carbon Nanotube Networks; *NASA Case No. ARC-14744-2:* A Versatile Platform For Nanotechnology Based On Circular Permutations Of Chaperonin Protein; *NASA Case No. ARC-15460-1:* Gas Composition Sensing Using Carbon Nanotube Arrays; *NASA Case No. ARC-15506-1:* Application Of Carbon Nanotube Hold-Off Voltage For Determining Gas Composition; *NASA Case No. ARC-15315-1:* Reconfigurable Auditory-visual Display; *NASA Case No. ARC-15171-1:* Trajectory Specification For High-Capacity Air Traffic Control; *NASA Case No. ARC-15578-1:* Visual Signal Sensor Organ Replacement. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7167 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-167)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of availability of inventions for licensing. SUMMARY: The invention listed below assigned to the National Aeronautics and Space Administration, has been filed in the United States Patent and Trademark office, and is available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Randy Heald, Patent Counsel, Kennedy Space Center, Mail Code CC-A, Kennedy Space Center, FL 32899; telephone
(321)867-7214; fax
(321)867-1817. *NASA Case No. KSC-12631:* Composite Powder Particles; *NASA Case No. KSC-12191-2:* Corrosion Prevention Of Cold Rolled Steel Using Water Dispersible Lignosulfonic Acid Doped Polyaniline (Related to KSC-12190 And KSC-11940); *NASA Case No. KSC-12723:* Coating For Corrosion Detection And Prevention. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7169 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-168)] Government-Owned Inventions, Available for Licensing AGENCY: National Aeronautics and Space Administration. ACTION: Notice of Availability of Inventions for Licensing. SUMMARY: The inventions listed below are assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark office, and are available for licensing. DATES: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Linda B. Blackburn, Patent Counsel, Langley Research Center, Mail Code 141, Hampton, VA 23681-2199; telephone
(757)864-9260; fax
(757)864-9190. *NASA Case No. LAR-16885-1:* Method Of Simulating Slow-Through Area Of A Pressure Regulator; *NASA Case No. LAR-17128-1:* Method And Apparatus For Loss Of Control Inhibitor Systems (CIP Of 16566-1); *NASA Case No. LAR-16386-1-CU:* Carbon Nanotube Reinforced Porous Carbon Having Three-Dimensionally Ordered Porosity And Method Of Fabricating Same; *NASA Case No. LAR-16974-1:* Flexible Framework For Capacitive Sensing; *NASA Case No. LAR-16970-1:* System And Method For Detecting Cracks And Their Location; *NASA Case No. LAR-17155-1:* Wireless Fluid Level Measuring System (Broken Out Of LAR-16974-1; *NASA Case No. LAR-17021-1:* Method For Correcting Control Surface Angle Measurements In Single Viewpoint Photogrammetry; *NASA Case No. LAR-17003-1:* Vortex Control For Rotor Blade Devices; *NASA Case No. LAR-17017-1:* Simultaneous Multiple-Location Separation Control; *NASA Case No. LAR-16868-1:* Silicon Germanium Semiconductive Alloy And Method Of Fabricating Same. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E5-7170 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (05-169)] Notice of Prospective Patent License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of prospective patent license. SUMMARY: NASA hereby gives notice that Exploration Partners, LLC., of Austin, Texas, has applied for an exclusive license to practice the inventions disclosed in U.S. Patent Nos. 6,164,060 entitled Combustion Chamber/Nozzle Assembly And Fabrication Process Therefrom, 6,308,408 entitled Combustion Chamber/Nozzle Assembly And Fabrication Process Therefrom, 6,195,984 entitled Rocket Engine Thrust Chamber Assembly, 6,330,792 entitled Method Of Making A Rocket Engine Thrust Chamber Assembly, 6,116,020 entitled Injector For Liquid Fueled Rocket Engine, 6,189,315 entitled Low-Cost Gas Generator And Ignitor, 6,497,091 entitled Hypergolic Ignitor Assembly, 6,845,605 entitled Hypergolic Ignitor and 6,860,099 entitled Liquid Propellant Tracing Impingement Injector. Written objections to the prospective grant of a license should be sent to Mr. James J. McGroary, Chief Patent Counsel/LS01, Marshall Space Flight Center, Huntsville, AL 35812. NASA has not yet made a determination to grant the requested license and may deny the requested license even if no objections are submitted within the comment period. DATES: Responses to this notice must be received by December 27, 2005. FOR FURTHER INFORMATION CONTACT: Sammy A. Nabors, Technology Transfer Department/ED03, Marshall Space Flight Center, Huntsville, AL 35812,
(256)544-5226. Dated: December 5, 2005. Keith T. Sefton, Deputy General Counsel, Administration & Management. [FR Doc. E5-7160 Filed 12-8-05; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-010] General Electric Company; Notice of Acceptance of Application for Final Design Approval and Standard Design Certification of the ESBWR Standard Plant Design Notice is hereby given that the Nuclear Regulatory Commission (NRC, the Commission) has received an application from General Electric Company
(GE)dated August 24, 2005, filed pursuant to section 103 of the Atomic Energy Act and Title 10 of the Code of Federal Regulations (10 CFR) Part 52, for the final design approval and standard design certification of the Economic Simplified Boiling Water Reactor (ESBWR) Standard Plant Design. GE supplemented its application by letters dated September 19 and 20, 2005, and October 6, 12, 17, 20, 22 (2 letters), 24 (5 letters), and 28, 2005. The application, as revised and supplemented, is considered sufficiently complete to be accepted formally as a docketed application for design certification. The docket number established for this application is 52-010. A notice relating to the rulemaking pursuant to 10 CFR 52.51 for design certification, including provisions for participation of the public and other parties, will be published in the future. The ESBWR design is an approximately 1550 megawatt electric boiling water reactor plant design in which passive safety systems are used for the ultimate safety protection of the plant. All of the safety systems are designed to be passive, where natural forces, such as gravity, natural circulation, and stored energy (in the form of pressurized accumulators and batteries), are used as the motive forces of these systems. The ESBWR application includes the entire power generation complex, except those elements and features considered site-specific, and is not a modular design in which major components are shared. A copy of the application is available on CD-ROM for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records are accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* The accession number for the application is ML052450245. Future publicly available documents related to the application will also be posted in ADAMS. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, December 1, 2005. For the Nuclear Regulatory Commission. William D. Beckner, Deputy Director, Division of New Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E5-7118 Filed 12-8-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-382] Entergy Operations, Inc., Waterford Steam Electric Station, Unit 3; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering issuance of an exemption from Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix E, Section IV.F.2.c for Facility Operating License No. NPF-38, issued to Entergy Operations, Inc. (EOI or the licensee), for operation of the Waterford Steam Electric Station, Unit 3 (Waterford 3), located in St. Charles Parish, Louisiana. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action, as described in the licensee's application for a one-time exemption to the requirements of 10 CFR part 50, appendix E, section IV.F.2.c, dated October 24, 2005, would allow the licensee to reschedule the planned offsite full-participation emergency exercise from December 7, 2005 to June 28, 2006. Subsequent exercises would be scheduled in accordance with the original biennial schedule from the year 2005. The Need for the Proposed Action The proposed exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.c is needed because the licensee anticipates not being able to perform the planned full-participation exercise scheduled for December 7, 2005, due to Hurricanes Katrina and Rita and the ongoing restoration efforts at Waterford 3, at the surrounding parishes, and the State. In this particular circumstance, it would impose a hardship to perform the required emergency preparedness exercise with full participation on December 7, 2005. Environmental Impacts of the Proposed Action The NRC has completed its evaluation of the proposed action and concludes that the proposed exemption will not present an undue risk to public health and safety. The details of the staff's Safety Evaluation will be provided in the exemption that will be issued as part of the letter to the licensee approving the exemption to the regulation. The action relates to the exercising of the emergency response plan which has no effect on the operation of the facility. The proposed action will not significantly increase the probability or consequences of accidents, no changes are being made in the types, or amounts of effluents that may be released off site, and there is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. In regard to potential nonradiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect nonradiological plant effluents and has no other environmental impact. Therefore, there are no significant nonradiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the “no-action” alternative). Denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources The action does not involve the use of any different resources than those previously considered in the Final Environmental Statement
(FES)for the Waterford 3 dated September 1981 (NUREG-0779). Agencies and Persons Consulted On October 26, 2005, the staff consulted with the Louisiana State official, Nan Calhoun of the Louisiana Department of Environmental Quality, Radiological Emergency Planning & Response, regarding the environmental impact of the proposed action. The State official had no comments. Finding of No Significant Impact For further details with respect to the proposed action, see the following:
(1)The FES, dated September 1981 (NUREG-0779), and
(2)the Exemption application dated October 24, 2005, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML052990303). Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* 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 at 1-800-397-4209 or 301-415-4737, or send an e-mail to *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: N. Kalyanam, Office of Nuclear Reactor Regulation, Mail Stop O-7D1, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at
(301)415-1480, or by e-mail at *nxk@nrc.gov.* Dated at Rockville, Maryland, this 2nd day of December 2005. For the Nuclear Regulatory Commission. David Terao, Chief, Plant Licensing Branch G, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E5-7116 Filed 12-8-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Nuclear Waste; Revised The 166th Advisory Committee on Nuclear Waste
(ACNW)meeting scheduled for December 13-15, 2005, Room T-2B3, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland has been revised as noted below. This notice was previously published on Thursday, December 1, 2005 (70 FR 72127). Tuesday, December 13, 2005 *8:30 a.m.-8:45 a.m.: Opening Statement* (Open)—The ACNW Chairman will make opening remarks regarding the conduct of today's sessions. *8:45 a.m.-10:15 a.m.: U.S. Nuclear Regulatory Commission (NRC's) Plans for the Implementation of a Dose Standard After 10,000 Years* (Open)—NRC is proposing to amend its regulations at 10 CFR Part 63 that govern the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain. The proposed rule would implement EPA's proposed standards for doses that could occur after 10,000 years but within the period of geologic stability. The Committee will continue its discussions with representatives from NRC's Office of Nuclear Materials Safety and Safeguards on those proposed revisions. The NRC staff briefing will include the topics of radionuclide inventory, effects of climate change, and dosimetry. *10:30 a.m.-11:30 a.m.: Reasonableness of NRC Infiltration Assumption in the Proposed Part 63* (Open)—NRC's proposed rule change at Part 63 specifies a value to be used to represent climate change after 10,000 years, as called for by EPA. The Committee will hear presentations from and hold discussions with knowledgeable subject matter experts on the reasonableness of NRC's proposed infiltration assumption. *1 p.m.-4 p.m.: White Paper on Low-Level Radioactive Waste* (Open)—The Committee will discuss a proposed white paper on low-level radioactive waste (LLW). NRC staff and stakeholders will provide perspectives on the subject. *4:15 p.m.-5:30 p.m.: Preparation of ACNW Reports/Letters* (Open)—The Committee will discuss proposed ACNW reports on matters considered during this and/or previous meetings. Wednesday, December 14, 2005 *8:30 a.m.-8:45 a.m.: Opening Statement* (Open)—The ACNW Chairman will make opening remarks regarding the conduct of today's sessions. *8:45 a.m.-10:15 a.m.: Combined Office of Nuclear Materials Safety and Safeguards
(NMSS)and Division Directors Briefing* (Open)—The NMSS Office and Division Directors will brief the Committee on recent activities of interest within their respective programs. *10:30 a.m.-11:30 a.m.: Generalized Composite Modeling* (Open)—The Committee will hear presentations by and hold discussions with representatives of the United States Geological Survey and the NRC Office of Nuclear Regulatory Research regarding demonstrations of the generalized composite approach to the modeling of reactive transport phenomena. *1 p.m.-3 p.m.: Preparation for Commission Briefing* (Open)—The Committee will review the final presentations in preparation for the Commission briefing on January 11, 2006. *3:15 p.m.-5:30 p.m.: Preparation of ACNW Reports/Letters, Continued*
(Open)Thursday, December 15, 2005 *10 a.m.-10:15 a.m.: Opening Remarks by the ACNW Chairman* (Open)—The ACNW Chairman will make opening remarks regarding the conduct of today's sessions. *10:15 a.m.-11:45 a.m.: Discussion of ACNW Reports/Letters* (Open)—The Committee will discuss prepared draft letters and determine whether letters would be written on topics discussed during the meeting. *11:45 a.m.-12:45 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of ACNW activities, and specific issues that were not completed during previous meetings, as time and availability of information permit. Discussions may include future Committee Meetings. Further information regarding this meeting can be obtained by contacting Ms. Sharon A. Steele, ACNW (Telephone: 301-415-6805) between 8 a.m. and 4 p.m. ET. Dated: December 5, 2005. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E5-7117 Filed 12-8-05; 8:45 am] BILLING CODE 7590-01-P 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 11a1-1(T); SEC File No. 270-428; OMB Control No. 3235-0478. 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”) 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. Rule 11a1-1(T)—Transactions Yielding Priority, Parity, and Precedence On January 27, 1976, the Commission adopted Rule 11a1-1(T) under the Securities Exchange Act of 1934 (“Exchange Act”) to certain exempt transactions of exchange members for their own accounts that would otherwise be prohibited under Section 11(a) of the Exchange Act. The rule provides that a member's proprietary order may be executed on the exchange of which the trader is a member, if, among other things:
(1)The member discloses that a bid or offer for its account is for its account to any member with whom such bid or offer is placed or to whom it is communicated;
(2)any such member through whom that bid or offer is communicated discloses to others participating in effecting the order that it is for account of a member; and
(3)immediately before executing the order, a member (other than a specialist in such security) presenting any order for the account of a member on the exchange clearly announces or otherwise indicates to the specialist and to other members then present that he is presenting an order for the account of a member. Without these requirements, it would not be possible for the Commission to monitor its mandate under the Exchange Act to promote fair and orderly markets and ensure that exchange members have, as the principle purpose of their exchange memberships, the conduct of a public securities business. There are approximately 1,000 respondents that require an aggregate total of 333 hours to comply with this rule. Each of these approximately 1,000 respondents makes an estimated 20 annual responses, for an aggregate of 20,000 responses per year. Each response takes approximately 1 minute to complete. Thus, the total compliance burden per year is 333 hours (20,000 minutes/60 minutes per hour = 333 hours). The approximate cost per hour is $100, resulting in a total cost of compliance for the respondents of $33,333 (333 hours @ $100). 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 shall have practical utility;
(b)the accuracy of the agency's estimates of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be 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: December 1, 2005. Jonathan G. Katz, Secretary. [FR Doc. E5-7099 Filed 12-8-05; 8:45 am] BILLING CODE 8010-01-P 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 15Aj-1. SEC File No. 270-25. OMB Control No. 3235-0044. 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”) 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 15Aj-1 implements the requirements of sections 15A, 17, and 19 of the Act by requiring every association registered as, or applying for registration as, a national securities association or as an affiliated securities association to keep its registration statement up-to-date by making periodic filings with the Commission on Form X-15AJ-1 and Form X-15AJ-2. Rule 15Aj-1 requires a securities association to promptly notify the Commission after the discovery of any inaccuracy in its registration statement or in any amendment or supplement thereto by filing an amendment to its registration statement on Form X-15AJ-1 correcting such inaccuracy. The Rule also requires an association to promptly notify the Commission of any change which renders no longer accurate any information contained or incorporated in its registration statement or in any amendment or supplement thereto by filing a current supplement on Form X-15AJ-1. Rule 15Aj-1 further requires an association to file each year with the Commission an annual consolidated supplement on Form X-15AJ-2. The information required by Rule 15Aj-1 and Forms X-15AJ-1 and X-15AJ-2 is intended to enable the Commission to carry out its statutorily mandated oversight functions and to assure that registered securities associations are in compliance with the Act. This information is also made available to members of the public. Without the requirements imposed by the Rule, the Commission would be unable to fulfill its regulatory responsibilities. There is presently only one registered securities association, which registered in 1939, subject to the Rule. The burdens associated with Rule 15Aj-1 requirements have been borne by only one securities association since Rule 15Aj-1 was adopted. Furthermore, the burdens associated with Rule 15Aj-1 vary depending on whether amendments and current supplements are filed on Form X-15AJ-1 in addition to an annual consolidated supplement filed on Form X-15AJ-2. The Commission staff estimates the burden in hours necessary to comply with the Rule by filing an amendment or a current supplement on Form X-15AJ-1 to be approximately one-half hour, with a related cost of $11, per response. The Commission staff estimates the burden in hours necessary to comply with the Rule by filing an annual consolidated supplement on Form X-15AJ-2 to be approximately three hours, with a related cost of $90. Therefore, the Commission staff estimates that the total annual related reporting cost associated with the Rule to be upwards of $90, assuming a minimum filing of an annual consolidated statement on Form X-15AJ-2, with additional filings on Form X-15AJ-1 correspondingly increasing such reporting cost. 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 shall have practical utility;
(b)the accuracy of the Commission's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be 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. Direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549. Dated: December 1, 2005. Jonathan G. Katz, Secretary. [FR Doc. E5-7113 Filed 12-8-05; 8:45 am] BILLING CODE 8010-01-P 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 24b-1; SEC File No. 270-205; OMB Control No. 3235-0194. 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”) 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. Rule 24b-1 (17 CFR 240.24b-1) requires a national securities exchange to keep and make available for public inspection a copy of its registration statement and exhibits filed with the Commission, along with any amendments thereto. There are eight national securities exchanges that spend approximately one half hour each complying with this rule, for an aggregate total compliance burden of four hours per year. The staff estimates that the average cost per respondent is $57.68 per year, calculated as the costs of copying ($12.36) plus storage ($45.32), resulting in a total cost of compliance for the respondents of $461.44. 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 shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be 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. Direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549. Dated: December 1, 2005. Jonathan G. Katz, Secretary. [FR Doc. E5-7114 Filed 12-8-05; 8:45 am] BILLING CODE 8010-01-P 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 31a-1; SEC File No. 270-173; OMB Control No. 3235-0178. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 [44 U.S.C. 3501-3520], 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 (“OMB”) for extension. Rule 31a-1 [17 CFR 270.31a-1] under the Investment Company Act of 1940 (the “Act”) is entitled “Records to be maintained by registered investment companies, certain majority-owned subsidiaries thereof, and other persons having transactions with registered investment companies.” Rule 31a-1 requires registered investment companies (“funds”), and every underwriter, broker, dealer, or investment adviser that is a majority-owned subsidiary of a fund, to maintain and keep current accounts, books, and other documents which constitute the record forming the basis for financial statements required to be filed pursuant to section 30 of the Act [15 U.S.C. 80a-29] and of the auditor's certificates relating thereto. The rule lists specific records to be maintained by funds. The rule also requires certain underwriters, brokers, dealers, depositors, and investment advisers to maintain the records that they are required to maintain under federal securities laws. There are approximately 4300 investment companies registered with the Commission, all of which are required to comply with rule 31a-1. For purposes of determining the burden imposed by rule 31a-1, the Commission staff estimates that each fund is divided into approximately four series, on average, and that each series is required to comply with the recordkeeping requirements of rule 31a-1. Based on conversations with fund representatives, it is estimated that rule 31a-1 imposes an average burden of approximately 1500 hours annually per series for a total of 6000 annual hours per fund. The estimated total annual burden for all 4300 funds subject to the rule therefore is approximately 25,800,000 hours. Based on conversations with fund representatives, however, the Commission staff estimates that even absent the requirements of rule 31a-1, 90 percent of the records created pursuant to the rule are the type that generally would be created as a matter of normal business custom and to prepare financial statements. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act, and is not derived from a comprehensive or even a representative survey or study. 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 OMB control number. Written comments are requested on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information has practical utility;
(b)the accuracy of the Commission's estimate of the burden[s] 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 30, 2005. Jonathan G. Katz, Secretary. [FR Doc. E5-7115 Filed 12-8-05; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27177; 812-13173] Firsthand Funds and Firsthand Capital Management, Inc.; Notice of Application December 2, 2005. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act and certain disclosure requirements. *Summary of the Application:* The requested order would permit certain registered open-end management investment companies to enter into and materially amend subadvisory agreements without shareholder approval and would grant relief from certain disclosure requirements. *Applicants:* Firsthand Funds (the “Trust”) and Firsthand Capital Management, Inc. (the “Adviser”). *Filing Date:* The application was filed on March 9, 2005 and amended on November 22, 2005. *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 December 27, 2005, 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 may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549-9303. Applicants, c/o Wendell M. Faria, Esq., Paul, Hastings, Janofsky & Walker LLP, 875 15th Street, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Sr., Senior Counsel, at
(202)551-6868, or Nadya B. Roytblat, Assistant Director, at
(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee from the Commission's Public Reference Branch, 100 F Street, NE, Washington, DC 20549-0102 (telephone
(202)551-5850). Applicants' Representations 1. The Trust, a Delaware statutory trust, is registered under the Act as an open-end management investment company. The Trust currently offers five series (each a “Fund,” and collectively, the “Funds”), each of which has its own investment objectives, policies and restrictions. 1 The Adviser, registered under the Investment Advisers Act of 1940 (“Advisers Act”), serves as investment adviser to each Fund pursuant to an investment advisory agreement with the Trust (“Advisory Agreement”), that was approved by the board of trustees of the Trust (the “Board”), including a majority of the trustees who are not “interested persons,” as defined in section 2(a)(19) of the Act of the Trust or the Adviser (“Independent Trustees”), and the shareholders of each applicable Fund. 1 Applicants also request relief with respect to future Funds of the Trust and any other existing or future registered open-end management investment company or series thereof that:
(a)Is advised by the Adviser or a person controlling, controlled by or under common control with the Adviser;
(b)uses the management structure described in this application; and
(c)complies with the terms and conditions of this application (included in the term “Funds”). The only existing registered open-end management investment company that currently intends to rely on the requested order is named as an applicant. If the name of any Fund contains the name of a Subadviser (as defined below), the name of the Adviser or the name of the entity controlling, controlled by, or under common control with the Adviser that serves as the primary adviser to the Fund will precede the name of the Subadviser. 2. Under the terms of the Advisory Agreement, the Adviser provides investment advisory services to each Fund, supervises the investment program for each Fund, and has the authority, subject to Board approval, to enter into investment subadvisory agreements (“Subadvisory Agreements”) with one or more subadvisers (“Subadvisers”). Currently, the Funds do not have any Subadvisers. Each Subadviser will be registered under the Advisers Act. The Adviser will monitor and evaluate the Subadvisers and recommend to the Board their hiring, retention or termination. Subadvisers recommended to the Board by the Adviser will be selected and approved by the Board, including a majority of the Independent Directors. Each Subadviser will have discretionary authority to invest the assets or a portion of the assets of a particular Fund. The Adviser will compensate each Subadviser out of the fees paid to the Adviser under the Advisory Agreement. 3. Applicants request relief to permit the Adviser, subject to Board approval, to enter into and materially amend Subadvisory Agreements without shareholder approval. The requested relief will not extend to a Subadviser that is an affiliated person, as defined in section 2(a)(3) of the Act, of the Trust or the Adviser, other than by reason of serving as a Subadviser to one or more of the Funds (an “Affiliated Subadviser”). 4. Applicants also request an exemption from the various disclosure provisions described below that may require a Fund to disclose fees paid by the Adviser to each Subadviser. An exemption is requested to permit the Trust to disclose for each Fund (as both a dollar amount and as a percentage of each Fund's net assets):
(a)The aggregate fees paid to the Adviser and any Affiliated Subadvisers; and
(b)the aggregate fees paid to Subadvisers other than Affiliated Subadvisers (“Aggregate Fee Disclosure”). For any Fund that employs an Affiliated Subadviser, the Fund will provide separate disclosure of any fees paid to the Affiliated Subadviser. Applicants' Legal Analysis 1. Section 15(a) of the Act provides, in relevant part, that it is unlawful for any person to act as an investment adviser to a registered investment company except pursuant to a written contract that has been approved by the vote of a majority of the company's outstanding voting securities. Rule 18f-2 under the Act provides that each series or class of stock in a series company affected by a matter must approve such matter if the Act requires shareholder approval. 2. Form N-1A is the registration statement used by open-end investment companies. Item 14(a)(3) of Form N-1A requires disclosure of the method and amount of the investment adviser's compensation. 3. Rule 20a-1 under the Act requires proxies solicited with respect to an investment company to comply with Schedule 14A under the Securities Exchange Act of 1934 (“1934 Act”). Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together, require a proxy statement for a shareholder meeting at which the advisory contract will be voted upon to include the “rate of compensation of the investment adviser,” the “aggregate amount of the investment adviser's fees,” a description of the “terms of the contract to be acted upon,” and, if a change in the advisory fee is proposed, the existing and proposed fees and the difference between the two fees. 4. Form N-SAR is the semi-annual report filed with the Commission by registered investment companies. Item 48 of Form N-SAR requires investment companies to disclose the rate schedule for fees paid to their investment advisers, including the Subadvisers. 5. Regulation S-X sets forth the requirements for financial statements required to be included as part of investment company registration statements and shareholder reports filed with the Commission. Sections 6-07(2)(a), (b), and
(c)of Regulation S-X require that investment companies include in their financial statements information about investment advisory fees. 6. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provision of the Act, or from any rule thereunder, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policies and provisions of the Act. Applicants believe that their requested relief meets this standard for the reasons discussed below. 7. Applicants state that the Funds' shareholders will rely on the Adviser and the Board to select the Subadvisers best suited to achieve a Fund's investment objectives. Applicants assert that, from the perspective of the investor, the role of the Subadvisers is comparable to that of individual portfolio managers employed by traditional investment advisory firms. Applicants contend that requiring shareholder approval of Subadvisory Agreements would impose unnecessary costs and delays on the Funds and may preclude the prompt replacement of a Subadviser when considered advisable by the Board and the Adviser. Applicants also note that the Advisory Agreement will remain subject to the shareholder approval requirements in section 15(a) of the Act and rule18f-2 under the Act. 8. Applicants assert that some Subadvisers use a “posted” rate schedule to set their fees. Applicants state that while Subadvisers are willing to negotiate fees that are lower than those posted on the schedule, they are reluctant to do so where the fees are disclosed to other prospective and existing customers. Applicants submit that the requested relief will benefit Fund shareholders because it would improve the Adviser's ability to negotiate the fees paid to the Subadvisers. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. Before a Fund may rely on the order requested in the application, the operation of the Fund in the manner described in the application will be approved by a majority of the Fund's outstanding voting securities, as defined in the Act, or, in the case of a Fund whose public shareholders purchase shares on the basis of a prospectus containing the disclosure contemplated by condition 2 below, by the sole initial shareholder before offering the Fund's shares to the public. 2. The prospectus for each Fund will disclose the existence, substance, and effect of any order granted pursuant to the application. Each Fund will hold itself out to the public as employing the management structure described in the application. The prospectus will prominently disclose that the Adviser has ultimate responsibility (subject to oversight by the Board) to oversee the Subadvisers and recommend their hiring, termination, and replacement. 3. Within 90 days of the hiring of a new Subadviser, the affected Fund shareholders will be furnished all information about the new Subadviser that would be included in a proxy statement, except as modified to permit Aggregate Fee Disclosure. This information will include Aggregate Fee Disclosure and any change in such disclosure caused by the addition of the new Subadviser. To meet this obligation, the Fund will provide shareholders within 90 days of the hiring of a new Subadviser with an information statement meeting the requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under the 1934 Act, except as modified by the order to permit Aggregate Fee Disclosure. 4. The Adviser will not enter into a Subadvisory Agreement with any Affiliated Subadviser without that agreement, including the compensation to be paid thereunder, being approved by the shareholders of the applicable Fund. 5. Each Fund will comply with the fund governance standards set forth in rule 0-1(a)(7) under the Act by the compliance date for the rule (“Compliance Date”). Prior to the Compliance Date, a majority of the Board will be Independent Trustees, and the nomination of new or additional Independent Trustees will be at the discretion of the then existing Independent Trustees. 6. When a Subadviser change is proposed for a Fund with an Affiliated Subadviser, the Board, including a majority of the Independent Trustees, will make a separate finding, reflected in the applicable Board minutes, that such change is in the best interests of the Fund and its shareholders and does not involve a conflict of interest from which the Adviser or the Affiliated Subadviser derives an inappropriate advantage. 7. Independent counsel, as defined in rule 0-1(a)(6) under the Act, will be engaged to represent the Independent Trustees. The selection of such counsel will be within the discretion of the then existing Independent Trustees. 8. The Adviser will provide the Board, no less frequently than quarterly, with information about the profitability of the Adviser on a per-Fund basis. The information will reflect the impact on profitability of the hiring or termination of any Subadviser during the applicable quarter. 9. Whenever a Subadviser is hired or terminated, the Adviser will provide the Board with information showing the expected impact on the profitability of the Adviser. 10. The Adviser will provide general management services to each Fund, including overall supervisory responsibility for the general management and investment of the Fund's assets, and, subject to review and approval of the Board, will:
(a)Set each Fund's overall investment strategies,
(b)evaluate, select and recommend Subadvisers to manage all or a part of a Fund's assets,
(c)when appropriate, allocate and reallocate a Fund's assets among multiple Subadvisers;
(d)monitor and evaluate the performance of Subadvisers, and
(e)implement procedures reasonably designed to ensure that the Subadvisers comply with each Fund's investment objective, policies and restrictions. 11. No trustee or officer of the Trust, or director or officer of the Adviser, will own directly or indirectly (other than through a pooled investment vehicle that is not controlled by such person) any interest in a Subadviser, except for:
(a)Ownership of interests in the Adviser or any entity that controls, is controlled by, or is under common control with the Adviser, or
(b)ownership of less than 1% of the outstanding securities of any class of equity or debt of a publicly traded company that is either a Subadviser or an entity that controls, is controlled by, or is under common control with a Subadviser. 12. Each Fund will disclose in its registration statement the Aggregate Fee Disclosure. 13. The requested order will expire on the effective date of rule 15a-5 under the Act, if adopted. For the Commission, by the Division of Investment Management, under delegated authority. Jonathan G. Katz, Secretary. [FR Doc. 05-23844 Filed 12-8-05; 8:45 am]
Connectionstraces to 4
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  • 10 CFR 50
  • 10 CFR 63
  • 17 CFR 240.24
  • 44 USC 3501-3520
  • 17 CFR 270.31
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