Fed. Reg. Notices — NUCLEAR REGULATORY COMMISSION

BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION Regulatory Guide: Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)has issued a new guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Regulatory Guide 1.203, “Transient and Accident Analysis Methods,” provides guidance for NRC licensees and applicants to use in developing and assessing evaluation models that may be used to analyze transient and accident behavior that is within the design basis of a nuclear power plant. Evaluation models that the NRC has previously approved will remain acceptable and need not be revised to conform with the guidance given in this regulatory guide. Chapter 15 of the NRC's “Standard Review Plan

(SRP)for the Review of Safety Analysis Reports for Nuclear Power Plants” (NUREG-0800) and the “Standard Format and Content of Safety Analysis Reports for Nuclear Power Plants” (Regulatory Guide 1.70) describe a subset of the transient and accident events that must be considered in the safety analyses required by Title 10, part 50, of the *Code of Federal Regulations* (10 CFR part 50), “Domestic Licensing of Production and Utilization Facilities,” section 50.34, “Contents of Applications; Technical Information” (10 CFR 50.34). In particular, 10 CFR 50.34 specifies the following requirements regarding applications for construction permits and/or licenses to operate a facility:

(1)Safety analysis reports must analyze the design and performance of structures, systems, and components, and their adequacy for the prevention of accidents and mitigation of the consequences of accidents.

(2)Analysis and evaluation of emergency core cooling system

(ECCS)cooling performance following postulated loss-of-coolant accidents (LOCAs) must be performed in accordance with the requirements of 10 CFR 50.46.

(3)The technical specifications for the facility must be based on the safety analysis and prepared in accordance with the requirements of 10 CFR 50.36. An additional benefit is that evaluation models that are developed using the guidelines provided in Regulatory Guide 1.203 will provide a more reliable framework for risk-informed regulation and a basis for estimating the uncertainty in understanding transient and accident behavior. In addition, the NRC is issuing section 15.0.2 of the SRP, which covers the same subject material as Regulatory Guide 1.203, and is intended to complement the guide. Specifically, section 15.0.2 provides guidance to NRC reviewers of transient and accident analysis methods, while Regulatory Guide 1.203 provides practices and principles for the benefit of method developers. Chapter 15 of the SRP recommends using approved evaluation models or codes for the analysis of most identified events. The SRP also suggests that evaluation model reviews should be initiated whenever an approved model does not exist for a specified plant event. If the applicant or licensee proposes to use an unapproved model, an evaluation model review should be initiated. The NRC previously solicited public comment on this guide by publishing a **Federal Register** notice (65 FR 77934) concerning Draft Regulatory Guide DG-1096 on December 13, 2000, followed by a **Federal Register** notice (68 FR 4524) concerning Draft Regulatory Guide DG-1120 on January 29, 2003. Following the closure of the latest public comment period on March 24, 2003, the staff considered all stakeholder comments in the course of preparing the new Regulatory Guide 1.203. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, at

(301)415-5144. Requests for technical information about Regulatory Guide 1.203 may be directed to Shawn O. Marshall at

(301)415-5861 or via e-mail to *SOM@nrc.gov.* Regulatory guides are available for inspection or downloading through the NRC's public Web site in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections.* Electronic copies of Regulatory Guide 1.203 and SRP section 15.0.2 are also available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession Nos. ML053500170 and ML053550265, respectively. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland; the PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by email to *PDR@nrc.gov.* Requests for single copies of draft or final guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future draft guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov* ; or by fax to

(301)415-2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 29th day of December, 2005. For the U.S. Nuclear Regulatory Commission. James T. Wiggins, Deputy Director, Office of Nuclear Regulatory Research. [FR Doc. E6-1774 Filed 2-8-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Regulatory Guide: Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)has issued a new guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Regulatory Guide 1.201, “Guidelines for Categorizing Structures, Systems, and Components in Nuclear Power Plants According to Their Safety Significance,” which is being issued for trial use, provides guidance for use in developing and assessing evaluation models for accident and transient analyses. An additional benefit is that evaluation models that are developed using these guidelines will provide a more reliable framework for risk-informed regulation and a basis for estimating the uncertainty in understanding transient and accident behavior. The NRC has promulgated regulations to permit power reactor licensees and license applicants to implement an alternative regulatory framework with respect to “special treatment,” where special treatment refers to those requirements that provide increased assurance beyond normal industrial practices that structures, systems, and components

(SSCs)perform their design-basis functions. Under this framework, licensees using a risk-informed process for categorizing SSCs according to their safety significance can remove SSCs of low safety significance from the scope of certain identified special treatment requirements. The genesis of this framework stems from Option 2 of SECY-98-300, “Options for Risk-Informed Revisions to 10 CFR part 50, ‘Domestic Licensing of Production and Utilization Facilities',” dated December 23, 1998. 1 In that Commission paper, the NRC staff recommended developing risk-informed approaches to the application of special treatment requirements to reduce unnecessary regulatory burden related to SSCs of low safety significance by removing such SSCs from the scope of special treatment requirements. The Commission subsequently approved the NRC staff's rulemaking plan and issuance of an Advanced Notice of Proposed Rulemaking

(ANPR)as outlined in SECY-99-256, “Rulemaking Plan for Risk-Informing Special Treatment Requirements,” dated October 29, 1999. 1 Commission papers cited in this notice are available through the NRC's public Web site at *http://www.nrc.gov/reading-rm/doc-collections/commission/secys/* , and the related **Federal Register** notices are available through the Federal Register Web site sponsored by the Government Printing Office

(GPO)at *http://www.gpoaccess.gov/fr/index.html.* The Commission published the ANPR in the **Federal Register** (65 FR 11488) on March 3, 2000, and subsequently published a proposed rule for public comment (68 FR 26511) on May 16, 2003. Then, on November 22, 2004, the Commission adopted a new section, referred to as § 50.69, within Title 10, part 50, of the Code of Federal Regulations, on risk-informed categorization and treatment of SSCs for nuclear power plants (69 FR 68008). This trial regulatory guide describes a method that the NRC staff considers acceptable for use in complying with the Commission's requirements in § 50.69 with respect to the categorization of SSCs that are considered in risk-informing special treatment requirements. This categorization method uses the process that the Nuclear Energy Institute

(NEI)described in Revision 0 of its guidance document NEI 00-04, “10 CFR 50.69 SSC Categorization Guideline,” dated July 2005. 2 Specifically, this process determines the safety significance of SSCs and categorizes them into one of four risk-informed safety class

(RISC)categories. 2 NEI 00-04, “10 CFR 50.69 SSC Categorization Guideline,” is available through the NRC's public Web site at *http://adamswebsearch2.nrc.gov/idmws/doccontent.dll?ID=052910091:&LogonId=2b2cbc48fd7897510347535dd7c30495,* and through the NRC's Agencywide Documents Access and Management System (ADAMS), *http://www.nrc.gov/reading-rm/adams/web-based.html,* under Accession #ML052910035. The NRC issued a draft of this guide, Draft Regulatory Guide DG-1121, as part of the § 50.69 rulemaking package in May 2003, and solicited public comments specifically concerning the draft guide by publishing related **Federal Register** notices (68 FR 34012 and 68 FR 41408) on June 6 and July 11, 2003. Following the closure of the public comment period on August 1, 2003, the staff considered all stakeholder comments in the course of preparing the new Regulatory Guide 1.201. However, a few issues of technical interpretation and implementation still remain, with respect to specific aspects of the guidance. Because the staff believes these issues will be best resolved by testing the guide against actual applications, the NRC decided to issue this guide for trial use. This trial regulatory guide does not establish any final staff positions, and may be revised in response to experience with its use. As such, this trial guide does not establish a staff position for purposes of the Backfit Rule, 10 CFR 50.109, and any changes to this trial guide prior to staff adoption in final form will not be considered to be backfits as defined in 10 CFR 50.109(a)(1). This will ensure that the lessons learned from regulatory review of pilot and follow-on applications are adequately addressed in the final regulatory guide, and that the guidance is sufficient to enhance regulatory stability in the review, approval, and implementation of probabilistic risk assessments

(PRAs)and their results in the risk-informed categorization process required by § 50.69. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, at

(301)415-5144. Requests for technical information about Regulatory Guide 1.201 may be directed to Donald G. Harrison at

(301)415-3587 or via e-mail to *DGH@nrc.gov.* Regulatory guides are available for inspection or downloading through the NRC's public Web site in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections.* Electronic copies of Regulatory Guide 1.201 are also available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html,* under Accession No. ML060260164. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland; the PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Requests for single copies of draft or final guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future draft guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov;* or by fax to

(301)415-2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 27th day of January, 2006. For the U.S. Nuclear Regulatory Commission. Carl J. Paperiello, Director, Office of Nuclear Regulatory Research. [FR Doc. E6-1775 Filed 2-8-06; 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: Form ADV-E; Sec File No. 270-318; OMB Control No. 3235-0361. 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 (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 (“OMB”) for extension and approval. Form ADV-E is the cover sheet for accountant examination certificates filed pursuant to rule 206(4)-2 under the Investment Advisers Act of 1940 by certain investment advisers retaining custody of client securities or funds. Respondents each spend approximately three minutes, annually, complying with the requirements of the form. The estimate of burden hours set forth above is made solely for the purposes of the Paperwork Reduction Act and is not derived from a comprehensive or representative survey or study of the cost 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. January 31, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1780 Filed 2-8-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION 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: 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 (“Commission”) has submitted to the Office of Management and Budget (“OMB”) a request for extension of the previously approved collection of information discussed below. • 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 the 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 cost of Commission rules and forms. The collection of information under Form N-54A is mandatory. The information provided by the Form is not kept confidential. 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. General 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, or e-mail to: *David_Rostker@omb.eop.gov* ; and

(ii)R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. January 30, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1781 Filed 2-8-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION 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: Form N-PX; SEC File No. 270-524; OMB Control No. 3235-0582. 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 (“OMB”) a request for extension of the previously approved collection of information discussed below. The title of the collection of information is “Form N-PX under the Investment Company Act of 1940, Annual Report of Proxy Voting Record.” Rule 30b1-4 under the Investment Company Act of 1940 (“Investment Company Act”) requires every registered management investment company, other than a small business investment company (“Fund”), to file Form N-PX not later than August 31 of each year. Funds use Form N-PX to file annual reports with the Commission containing their complete proxy voting record for the most recent twelve-month period ended June 30. Funds also use Form N-PX to inform the Commission that certain of their portfolios do not hold any equity securities and have no proxy record to file. The Commission requires the dissemination of this information in order to meet the filing and disclosure requirements of the Investment Company Act and to enable Funds to provide investors with the information necessary to evaluate an investment in the Fund. The information filed with the Commission also permits the verification of compliance with securities law requirements and assures the public availability and dissemination of the information. Requiring a Fund to file its annual reports on Form N-PX has the advantages of making each Fund's proxy voting record available within a relatively short period of time after the proxy voting season, and of providing disclosure of all Funds' proxy voting records over a uniform period of time. There are approximately 3,700 Funds registered with the Commission, representing 7,900 Fund portfolios, which are required to file one Form N-PX each year. Those 7,900 portfolios are comprised of 5,000 portfolios holding equity securities and 2,900 portfolios holding no equity securities. The staff estimates that filing a response that states that the portfolio does not hold equity securities will require a 10 minute burden per response. The burden for portfolios holding equity securities is estimated to be 14.4 hours per response. The total annual reporting and recordkeeping burden is estimated to be approximately 72,483 hours ((5,000 responses × 14.4 hours per response for equity-holding portfolios) + (2,900 × 10 minutes per response for portfolio holding no equity securities)). Form N-PX does not involve any recordkeeping requirements. Providing the information required by the rule is mandatory and information provided under the rule will not be kept confidential. 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. General 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 or e-mail to: *David_Rostker@omb.eop.gov* ; and

(ii)R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. January 31, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1782 Filed 2-8-06; 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 15g-5; SEC File No. 270-348; OMB Control No. 3235-0394. 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 publishing the following summary of collection for public comment. Rule 15g-5 under the Securities Exchange Act of 1934 requires brokers and dealers to disclose to customers the amount of compensation to be received by their sales agents in connection with penny stock transactions. This rule was adopted by the Commission to increase the level of disclosure to investors concerning penny stocks generally and specific penny stock transactions. It is estimated that approximately 240 respondents incur an average burden of 100 hours annually to comply with the rule. The total annual reporting and recordkeeping burden will be 24,000 burden hours. 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. January 31, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1783 Filed 2-8-06; 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 19d-2; SEC File No. 270-204; OMB Control No. 3235-0205. 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 19d-2 under the Securities Exchange Act of 1934 (the “Act”) prescribes the form and content of applications to the Commission by persons desiring stays of final disciplinary sanctions and summary action of self-regulatory organizations (“SROs”) for which the Commission is the appropriate regulatory agency. It is estimated that approximately 30 respondents will utilize this application procedure annually, with a total burden of 90 hours, based upon past submissions. The staff estimates that the average number of hours necessary to comply with the requirements of Rule 19d-2 is 3 hours. 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, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Dated: January 31, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1784 Filed 2-8-06; 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 30b2-1; SEC File No. 270-213; OMB Control No. 3235-0220. 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 (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 (“OMB”) for extension and approval. Rule 30b2-1 under the Investment Company Act of 1940 [17 CFR 270.30b2-1] requires the filing of four copies of every periodic or interim report transmitted by or on behalf of any registered investment company to its stockholders. 1 This requirement ensures that the Commission has information in its files to perform its regulatory functions and to apprise investors of the operational and financial condition of registered investment companies. 2 1 Most filings are made via the Commission's electronic filing system; therefore, paper filings under Rule 30b2-1 occur only in exceptional circumstances. Electronic filing eliminates the need for multiple copies of filings. 2 Annual and periodic reports to the Commission become part of its public files and, therefore, are available for use by prospective investors and stockholders. Registered management investment companies are required to send reports to stockholders at least twice annually. In addition, under the recently adopted amendments to rule 30b2-1, each registered investment company is required to file with the Commission new form N-CSR, certifying the financial statements. 3 The annual burden of filing the reports is included in the burden estimate for Form N-CSR; however, we are requesting one burden hour remain in inventory for administrative purposes. 3 See Release No. 34-47262, IC-25914, Jan. 27, 2003 (68 FR 5384 [Feb. 3, 2003]). (Amending rule 30b2-1(a) under the Investment Company Act; adopting Form N-CSR). In addition, the Commission amended new rule 30a-2 to require both Forms N-CSR and N-SAR to include the certification required by section 302 of the Sarbanes-Oxley Act. No certified shareholder report on Form N-CSR is required with respect to a report to shareholders that is not required under rule 30e-1 under the Investment Company Act [17 CFR 270.30e-1], *e.g.* , voluntary quarterly reports. These reports to shareholders continue to be filed with the Commission as they were prior to the 2003 amendments. Rule 30b2-1(b) [17 CFR 270.30b2-1(b)]. The burden estimate for rule 30b2-1 is made solely for the purposes of the Act 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: January 26, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1785 Filed 2-8-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copy Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 34b-1; File No. 270-305; OMB Control No. 3235-0346. 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 (“OMB”) a request for extension of the previously approved collection of information discussed below. • Rule 34b-1 (17 CFR 270.34b-1) under the Investment Company Act of 1940, Sales Literature Deemed to be Misleading. Rule 34b-1 under the Investment Company Act governs sales material that accompanies or follows the delivery of a statutory prospectus (“sales literature”). Rule 34b-1 deems to be materially misleading any investment company sales literature, required to be filed with the Commission by section 24(b) of the Investment Company Act [15 U.S.C. 80a-24(b)], 1 that includes performance data unless it also includes the appropriate uniformly computed data and the legend disclosure required in advertisements by rule 482 under the Securities Act of 1933 [17 CFR 230.482]. Requiring the inclusion of such standardized performance data in sales literature is designed to prevent misleading performance claims by funds and to enable investors to make meaningful comparisons among fund performance claims. 1 Sales literature addressed to or intended for distribution to prospective investors shall be deemed filed with the Commission for purposes of section 24(b) of the Investment Company Act upon filing with a national securities association registered under section 15A of the Securities Exchange Act of 1934 that has adopted rules providing standards for the investment company advertising practices of its members and has established and implemented procedures to review that advertising. *See* Rule 24b-3 under the Investment Company Act [17 CFR 270.24b-3]. The Commission estimates that 4,500 respondents file approximately 37,000 responses with the Commission, which include the information required by rule 34b-1. The burden from rule 34b-1 requires slightly more than 2.4 hours per response resulting from creating the information required under rule 34b-1. 2 The total burden hours for rule 34b-1 are 89,143 per year in the aggregate (37,000 responses × 2.4092702 hours per response). 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. 2 The estimated burden per response is 2.9 hours for 686 responses and 2.4 hours for the remaining, giving a more exact weighted average burden per response of approximately 2.4092702. The collection of information under rule 34b-1 is mandatory. The information provided under rule 34b-1 is not kept confidential. 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. General 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, or e-mail to: *David_Rostker@omb.eop.gov* ; and

(ii)R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. Dated: January 30, 2006. Nancy M. Morris, Secretary. [FR Doc. E6-1786 Filed 2-8-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of February 13, 2006: An Open Meeting will be held on Monday, February 13, 2006 at 10 a.m. in the Auditorium, Room L-002, and a Closed Meeting will be held on Wednesday, February 15, 2006 at 10 a.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c), (3), (4), (5), (7), (9)(B), and

(10)and 17 CFR 200.402(a), (3), (4), (5), (7), 9(ii) and

(10)permit consideration of the scheduled matters at the Closed Meeting. Commissioner Glassman, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the Open Meeting scheduled for Monday, February 13, 2006 will be: The Commission will hear oral argument on an appeal by Eagletech Communications, Inc. (“Eagletech”) from the decision of an administrative law judge. The Division of Enforcement will argue in support of the law judge's decision. The law judge found that Eagletech had failed to file with the Commission Eagletech's mandatory quarterly reports for any period after December 31, 2001 and its mandatory annual reports for any period after March 31, 2001. The law judge found that, by failing to file its reports, Eagletech willfully violated Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 thereunder. The law judge revoked the registration of Eagletech's securities. Among the issues likely to be argued is whether Eagletech violated the Exchange Act and rules thereunder as found by the law judge. The subject matter of the Closed Meeting scheduled for Wednesday, February 15, 2006 will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Regulatory matters regarding financial institutions; and Report on an investigation. 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)551-5400. Dated: February 6, 2006. Nancy M. Morris, Secretary. [FR Doc. 06-1234 Filed 2-7-06; 10:59 am]

Notices. NUCLEAR REGULATORY COMMISSION