Notices. NUCLEAR REGULATORY COMMISSION

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

BILLING CODE 3710-GX-M NUCLEAR REGULATORY COMMISSION [Docket No. 50-346] Firstenergy Nuclear Operating Company, Firstenergy Nuclear Generation Corp., Davis-Besse Nuclear Power Station, Unit 1; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating License, No.

NPF-3, for the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS) to the extent currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regarding its ownership of the facility. According to an application for approval filed by FirstEnergy Nuclear Operating Company (FENOC), the licensed operator of DBNPS, acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE Solutions), a corporate restructuring is planned such that FE Solutions will become the new direct corporate parent of FENGenCo.

FE Solutions is currently a wholly-owned subsidiary of FirstEnergy Corp., as is FENGenCo. After the corporate restructuring, FE Solutions will continue to be a wholly-owned subsidiary of FirstEnergy Corp., while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and direct wholly-owned subsidiary of FE Solutions. No physical changes to the DBNPS facility or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing.

The Commission will approve the application for the indirect transfer of the license, if the Commission determines that the proposed corporate restructuring will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below.

Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission's action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR part 2.

In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). Requests for a hearing and petitions for leave to intervene should be served upon Mr.

David W. Jenkins, Esq., address: 76 South Main Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, and e-mail: *djenkins@firstenergycorp.com* ; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only: *OGCLT@NRC.gov* ); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305.

The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305.

The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this action, see the application dated June 6, 2006, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (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 by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland this 3rd day of July 2006.

For the Nuclear Regulatory Commission. Stephen J. Campbell, Project Manager, Plant Licensing Branch III-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-10905 Filed 7-11-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-440] Firstenergy Nuclear Operating Company, FirstEnergy Nuclear Generation Corp., Perry Nuclear Power Plant, Unit 1; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring, and Opportunity for a Hearing The U.S.

Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit 1

(PNPP)currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regarding its ownership interests in PNPP. According to an application for approval filed by FirstEnergy Nuclear Operating Company (FENOC), the licensed operator of PNPP, acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE Solutions), a corporate restructuring is planned such that FE Solutions will become the new direct corporate parent of FENGenCo. FE Solutions is currently a wholly-owned subsidiary of FirstEnergy Corp., as is FENGenCo. After the corporate restructuring, FE Solutions will continue to be a wholly-owned subsidiary of FirstEnergy Corp., while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and a direct wholly-owned subsidiary of FE Solutions. The Ohio Edison Company, which holds a leased interest in PNPP and is licensed to possess such interest, is not involved in the planned corporate restructuring. No physical changes to the PNPP facility or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed corporate restructuring will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission's action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). Requests for a hearing and petitions for leave to intervene should be served upon Mr. David W. Jenkins, Esq., address: 76 South Main Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, and email: *djenkins@firstenergycorp.com;* the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only: *OGCLT@NRC.gov* ); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this action, see the application dated June 6, 2006, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (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 by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland this 3rd day of July 2006. For the Nuclear Regulatory Commission. Stephen J. Campbell, Project Manager, Plant Licensing Branch III-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-10906 Filed 7-11-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-334 and 50-412] FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear Generation Corp., Beaver Valley Power Station, Units 1 and 2; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating Licenses, Nos. DPR-66 and NPF-73, for the Beaver Valley Power Station (BVPS), Units 1 and 2, to the extent currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regarding its ownership interests in BVPS, Units 1 and 2. According to an application for approval filed by FirstEnergy Nuclear Operating Company (FENOC), the licensed operator of BVPS, Units 1 and 2, acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE Solutions), a corporate restructuring is planned such that FE Solutions will become the new direct corporate parent of FENGenCo. FE Solutions is currently a wholly-owned subsidiary of FirstEnergy Corp., as is FENGenCo. After the corporate restructuring, FE Solutions will continue to be a wholly-owned subsidiary of FirstEnergy Corp., while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and a direct wholly-owned subsidiary of FE Solutions. The Ohio Edison Company and the Toledo Edison Company, which hold leased interests in BVPS, Unit 2 and are licensed to possess such interests, are not involved in the planned corporate restructuring. No physical changes to the BVPS facility or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve the application for the indirect transfer of the licenses, if the Commission determines that the proposed corporate restructuring will not affect the qualifications of the licensee to hold the licenses, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission's action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). Requests for a hearing and petitions for leave to intervene should be served upon Mr. David W. Jenkins, Esq., address: 76 South Main Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, and email: *djenkins@firstenergycorp.com* ; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only: *OGCLT@NRC.gov* ); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this action, see the application dated June 6, 2006, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (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 by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland this 3rd day of July 2006. For the Nuclear Regulatory Commission. Stephen J. Campbell, Project Manager, Plant Licensing Branch III-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-10907 Filed 7-11-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-008] Dominion Nuclear North Anna, LLC; Notice of Availability of the Supplement to the Draft Environmental Impact Statement for an Early Site Permit

(ESP)at the North Anna ESP Site and Associated Public Meeting Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has published Supplement 1 to NUREG-1811, “Draft Environmental Impact Statement for an Early Site Permit

(ESP)at the North Anna ESP Site” (SDEIS), and is making it available for comment. The site is located near the Town of Mineral in Louisa County, Virginia, on the southern shore of Lake Anna. Dominion Nuclear North Anna, LLC (Dominion, the applicant) is seeking an ESP for the North Anna site in accordance with Subpart A of 10 CFR Part 52. The ESP process allows resolution of issues relating to siting separate from the filing of an application for a construction permit

(CP)or a combined construction permit and operating license referred to as a combined license

(COL)for a nuclear power facility. At any time during the term of an ESP (up to 20 years), the permit may be referenced in an application for a CP or COL. The application for the ESP was submitted by letter dated September 25, 2003. In the draft environmental impact statement (DEIS), published in December 2004 (69 FR 71854), the staff evaluated the proposed action (issuance of an ESP at the North Anna ESP site) including the no action alternative and alternative sites to determine if any alternative site identified was obviously superior to the proposed site. On April 13, 2006, Dominion submitted Revision 6 to its application. The revision described changes to the cooling water system for postulated Unit 3 at the North Anna ESP site and an increase in power level for both postulated Units 3 and 4. In view of these changes, the NRC staff, pursuant to 10 CFR 51.72, determined to prepare a supplement to its DEIS. A notice of intent to prepare a supplement to the draft environmental impact statement was published in the **Federal Register** on May 15, 2006 (71 FR 28392). In addition, on June 21, 2006, Dominion submitted Revision 7 of the application. Revision 7 of the application included changes in response to the staff's request for additional information on Revision 6. The scope of the SDEIS is limited to the environmental impacts associated with the changes in ER Revision 6, *i.e.* , the new cooling system for Unit 3 and the increase in the maximum power level described in the PPE. The evaluation in the SDEIS addresses the wet and dry cooling system for Unit 3 and modifies the analysis of impacts related to the power level increase for both Units 3 and 4. There is no change to the cooling system for Unit 4. These revised evaluations will be incorporated into the final EIS. The final EIS will also set forth the public comments on the analysis presented in this SDEIS received within the comment period described below, together with comments concerning the draft EIS received within the draft EIS comment period, and the staff's responses to comments. The staff will address comments on portions of the DEIS not affected by the changes in Revisions 6 and 7 of the application in the FEIS only to the extent such comments were received during the comment period on the DEIS or there is otherwise time for the staff to address them. The purpose of this notice is to inform the public that the SDEIS is available for public inspection and comment. The DSEIS is available in the NRC Public Document Room

(PDR)located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852, or from the Publicly Available Records

(PARS)component of NRC's Agencywide Documents Access and Management System (ADAMS Accession No. ML061800217), and will also be placed directly on the NRC Web site at *http://www.nrc.gov.* ADAMS is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* (the Public Electronic Reading Room). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* In addition, the Louisa County Library, located at 881 Davis Highway, Mineral, Virginia, has agreed to make the DSEIS available for public inspection. The NRC staff will hold a public meeting to present an overview of the SDEIS and to accept public comments on the DSEIS. The public meeting will be held in the Forum at the Louisa County Middle School, 1009 Davis Highway, Mineral, Virginia on Tuesday, August 15, 2006. The meeting will convene at 7:00 p.m. and will continue until 10:00 p.m., as necessary. The meeting will be transcribed and will include:

(1)A presentation of the contents of the SDEIS, and

(2)the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. Additionally, the NRC staff will host informal discussions 1 hour before the start of the meeting at the Louisa County Middle School. No formal comments on the SDEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meeting or in writing. Persons may register to attend or present oral comments at the meeting by contacting Mr. Jack Cushing, by telephone at 1-800-368-5642, extension 1424, or by Internet to the NRC at *North_Anna_comments@nrc.gov* no later than August 10, 2006. Members of the public may also register to speak at the meeting within 15 minutes of the start of the meeting. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Mr. Cushing must be contacted no later than August 7, 2006, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated. Any interested party may submit comments on this report for consideration by the NRC staff. Comments may be accompanied by additional relevant information or supporting data. This draft report is being issued by the NRC for a 45-day comment period. The comment period begins on the date that the U.S. Environmental Protection Agency publishes a Notice of Filing in the **Federal Register** which is expected to be July 14, 2006; such Notices are published every Friday. The Notice will identify the comment period end date. Members of the public may send written comments on the SDEIS for the North Anna ESP to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** Notice. Comments may also be delivered to Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. during Federal workdays. Electronic comments may be sent by the Internet to the NRC at *North_Anna_comments@nrc.gov.* To assist the NRC staff in identifying and considering issue and concerns, comments on the supplement to the draft EIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft supplement. Comments will be available electronically and accessible through the NRC's PERR link at *http://www.nrc.gov/reading-rm/adams.html.* *For Further Information Contact:* For further information regarding the environmental impact statement, contact Mr. Jack Cushing, Senior Environmental Project Manager, at telephone number 301-415-1424, or by mail at U.S. Nuclear Regulatory Commission, ATTN: Jack Cushing, Mail Stop 0-11F1, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738. Dated at Rockville, Maryland, this 6th day of July 2006. For the Nuclear Regulatory Commission. David B. Matthews, Director, Division of New Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-10909 Filed 7-11-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide; Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)has issued a revision to an existing 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. Revision 4 of Regulatory Guide 1.97, entitled “Criteria for Accident Monitoring Instrumentation for Nuclear Power Plants,” describes a method that the NRC staff considers acceptable for use in complying with the agency's regulations with respect to satisfying criteria for accident monitoring instrumentation in nuclear power plants. Specifically, the method described in this regulatory guide relates to General Design Criteria 13, 19, and 64, as set forth in Appendix A to Title 10, Part 50, of the *Code of Federal Regulations* (10 CFR part 50), “Domestic Licensing of Production and Utilization Facilities.” In addition, Subsection (2)(xix) of 10 CFR 50.34(f), “Additional TMI-Related Requirements,” requires operating reactor licensees to provide adequate instrumentation for use in monitoring plant conditions following an accident that includes core damage. This revision of Regulatory Guide 1.97 represents an ongoing evolution in the nuclear industry's thinking and approaches with regard to accident monitoring systems for nuclear power plants. Specifically, this revision endorses (with certain clarifying regulatory positions specified in Section C of the revised guide) the “Criteria for Accident Monitoring Instrumentation for Nuclear Power Generating Stations,” which the Institute of Electrical and Electronics Engineers

(IEEE)promulgated as IEEE Std. 497-2002. This revised regulatory guide is intended for licensees of new nuclear power plants. 1 Previous revisions of this regulatory guide remain in effect for licensees of current operating reactors, 1 who are unaffected by this proposed revision. (See regulatory position #1 in Section C of the revised guide for information regarding the applicability of IEEE Std. 497-2002 for current operating reactors.) 1 The terms “new nuclear power plant” and “new plant” refer to any nuclear power plant for which the licensee obtained an operating license after the NRC issued Revision 4 of Regulatory Guide 1.97. The terms “current operating reactor” and “current plant” refer to any nuclear power plant for which the licensee obtained an operating license before the NRC issued Revision 4 of Regulatory Guide 1.97. The NRC previously solicited public comment on this revised guide by publishing a **Federal Register** notice (70 FR 49953) concerning Draft Regulatory Guide DG-1128 on August 25, 2005. Following the closure of the public comment period on October 14, 2005, the staff considered all stakeholder comments in the course of preparing Revision 4 of Regulatory Guide 1.97. The staff's responses to all comments received are available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession #ML061580516. 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 Revision 4 of Regulatory Guide 1.97 may be directed to Barry S. Marcus at

(301)415-2823 or *BSM@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 Revision 4 of Regulatory Guide 1.97 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 #ML061580448. 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 19th day of June, 2006. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E6-10908 Filed 7-11-06; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54104; File No. SR-Amex-2006-47] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change and Amendment No. 2 Thereto Relating to the Member Firm Guarantee for FLEX Equity Options July 5, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 12, 2006, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Amex. The Amex filed Amendment No. 1 to the proposed rule change on June 5, 2006 and subsequently withdrew Amendment No. 1. The Amex filed Amendment No. 2 to the proposed rule change on June 12, 2006. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 2, the Amex made technical corrections to the rule text of the proposed rule change. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Amex Rule 904G(e)(iii) to change the current member firm guarantee for FLEX equity options to 40%. The text of the proposed rule change is available on the Amex's Web site ( *http://www.amex.com* ), at the Amex's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Amex included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Amex has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. 4 4 Pursuant to discussions with Amex staff, the Commission made clarifying changes to the purpose section of the proposed rule change. Telephone conversation between Caroline McCaffery, Assistant General Counsel, Amex, and Ira Brandriss, Special Counsel, and Kate Robbins, Attorney, Division of Market Regulation, Commission, on June 29, 2006. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to revise the current participation or member firm guarantee 5 for FLEX equity options traded on the Exchange. Currently, the member firm guarantee provides that a Submitting Member or Submitting Member firm—an Exchange member deemed eligible by the Exchange to trade FLEX options—who has indicated an intention to cross or act as principal on the trade and who has matched or improved the best bid or offer entered in response to the Submitting Member's initial request for quotes (the “BBO,” as defined for purposes of Amex rules regarding FLEX options) with respect to FLEX equity options, is entitled to a participation guarantee of 25%. The Amex is proposing to amend Rule 904G(e)(iii) so that Submitting Members and Submitting Member firms would receive a guaranteed participation of 40% of an order, which is the current standard applicable to non-FLEX options. 6 5 A “member firm guarantee” provides, under certain conditions, the ability to cross a specified percentage of a customer order on behalf of a member firm before specialists and/or registered options traders in the crowd can participate in the transaction. The member firm guarantee for FLEX equity options is set forth in Amex Rule 904G(e). The member firm guarantee for non-FLEX options is set forth in Rule 950(d) and 950-ANTE(d). The provision for non-FLEX options generally applies to orders of 400 contracts or more; however, the Exchange is permitted to establish smaller eligible order sizes, on a class-by-class basis, provided that size is not for fewer than 50 contracts. 6 The text of Amex Rule 904G(e)(iii) provides that the Submitting Member is permitted to participate “to the extent of at least 25% of the trade” (40% under the proposal). The Submitting Member may participate in more than its guaranteed percentage to the extent that the trading crowd chooses not to trade against the remaining portion of the order. In April 2003, 7 the Exchange received permanent approval of a pilot program relating to the member firm guarantee for non-FLEX options initially approved by the Commission on June 2, 2000. 8 Commentary .02(d) to Amex Rules 950(d) and 950-ANTE(d) permits facilitation cross transactions in equity options and sets forth the member firm guarantee percentages. 9 The member firm guarantee for non-FLEX options was subsequently extended to index options in September 2004 10 and to index options in the Amex New Trading Environment System (“ANTE”) in February 2005. 11 The amount of the guaranteed participation percentage for non-FLEX options is currently 40%, provided that the order trades at or between the best bid or offer given by the trading crowd in response to the floor broker's request for a market. 12 7 *See* Securities Exchange Act Release No. 47643 (April 7, 2003), 68 FR 17970 (April 14, 2003). 8 *See* Securities Exchange Act Release No. 42894 (June 2, 2000), 65 FR 36850 (June 12, 2000). 9 A facilitation cross transaction occurs when a floor broker representing the order of a public customer of a member firm crosses that order with a contra side order from the firm's proprietary account. 10 *See* Securities Exchange Act Release No. 50326 (September 7, 2004), 69 FR 55479 (September 14, 2004). 11 *See* Securities Exchange Act Release No. 51275 (February 28, 2005), 70 FR 10709 (March 4, 2005). 12 Prior to February 2005, the member firm guarantee for non-FLEX options provided that a floor broker was entitled to a participation guarantee of 20% if the order was traded at the best bid or offer given by the trading crowd in response to a floor broker's request for a market or 40% if the order was traded at a price that improved the market, *i.e.* , at a price between the crowd's best bid or offer. This rule was revised in February 2005 so that floor brokers receive 40% of an order (after public customer orders on the specialist's book or represented by a floor broker in the crowd have been filled) if such order trades at a price that matches or improves the market. *See* Securities Exchange Act Release No. 51275 (February 28, 2005), 70 FR 10709 (March 4, 2005). Under the instant proposal, a Submitting Member or a Submitting Member firm trading FLEX equity options will be entitled to cross up to 40% of an order provided the order trades at a price that matches or improves upon the BBO. As with non-FLEX equity options, it is believed that providing Submitting Members or Submitting Member firms who are eligible to trade FLEX options and are seeking to cross or facilitate a trade with an across-the-board 40% member firm guarantee will provide additional incentive for such Submitting Member or Submitting Member firm to bring large FLEX option orders to the floor of the Amex rather than to the floor of another options exchange or to the over-the-counter (“OTC”) market. Additionally, the liquidity provided by such Submitting Member or Submitting Member firm seeking to facilitate their orders gives the Exchange the ability to provide deep liquid markets for investors. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6 of the Act 13 in general and furthers the objectives of Section 6(b)(5) 14 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 13 15 U.S.C. 78f. 14 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Amex consents, the Commission will:

(A)By order approve such proposed rule change, or

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-Amex-2006-47 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2006-47. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2006-47 and should be submitted on or before August 2, 2006. 15 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6-10921 Filed 7-11-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54105; File No. SR-BSE-2006-12] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Changes to the Minimum Activity Charge July 6, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 23, 2006, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. On June 30, 2006, the Exchange filed Amendment No. 1 to the proposed rule change. 3 The Exchange filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the Act 4 and Rule 19b-4(f)(2) thereunder, 5 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, the Exchange

(a)clarified in the proposed rule text that all Boston Options Exchange (“BOX”) Market Makers would be continually subject to the standard per contract charge,

(b)made non-substantive, formatting changes to conform the proposed rule text with the current provisions of the Fee Schedule, and

(c)clarified the purpose and scope of the proposed rule change. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change With respect to the BOX Fee Schedule, the Exchange proposes to

(a)amend the Minimum Activity Charge (“MAC”) for certain classes of options,

(b)exempt new BOX Market Makers from the MAC for the first three months as a BOX participant,

(c)change the frequency at which the MAC classifications will be adjusted annually, and

(d)change the indexing of the MAC Applicable Rates from overall market share to class-by-class market share. The text of the proposed rule change is below. Proposed new language is in *italics* ; proposed deletions are in [brackets]. Boston Options Exchange Facility Fee Schedule (as of July 2006) Sec. 1 through Sec. 2 No Change. Sec. 3 Market Maker Trading Fees a. No Change. b. Minimum Activity Charge (“MAC”) The “notional MAC” per options class (see table below) is the building block for the determination of the BOX Market Maker's monthly total MAC which is payable at the end of each month if the per contract fee of $ 0.20 per contract traded, when multiplied by the Market Maker's actual trade executions for the month, does not result in a total trading fee payable to BOX at least equal to the monthly total MAC. *New Market Maker's activity will be subject to the standard Market Maker per contract charge. However, new Market Makers to BOX will be exempt from the MAC during the first three months as a BOX market participant.* The MAC is totaled across all classes assigned to a Market Maker so that volume for one class is fungible against other classes for that Market Maker. As a result, although the volume on a given class needed to reach an implicit cost of $0.20 a contract may not be achieved, this can be compensated by volume in excess of the MAC on another class. 1. MAC “Levels” a. For Classes that have been trading on any options exchange for at least six calendar months. The table below provides the MAC for each of the six “categories” of options classes listed by BOX. The category for each class is determined by its total trading volume across all U.S. options exchanges as determined by OCC data. The classifications will be adjusted at least [twice] annually (in January [and July], based on the average daily volume for the preceding [six month period] *year* ). Class OCC average daily volume (number of contracts) MAC per Market Maker per appointment per month Category: A >100,000 [$15,000] *$10,000* B 50,000 to 99,999 [$3,000] *$3,500* C 25,000 to 49,999 [$2,000] *$2,500* D 10,000 to 24,999 $750 E 5,000 to 9,999 $250 F Less than 5,000 $100 b. For classes that have not been trading on any options exchange for at least six calendar months. A class will not be placed into a MAC category until a class has been trading on any options exchange for a full calendar month. After a class has been trading for a full calendar month, the MAC category for such class will be determined, applying the criteria set forth in the table above, based on the average daily volume for such full calendar month across all U.S. options exchanges as determined by OCC data. The classification will be adjusted at the beginning of each new calendar month thereafter based on the average daily trading volume for the previous calendar months in which the options class was traded for the entire month, until the class has been trading for six full calendar months. Thereafter, the classification will be adjusted at least [twice] annually (in January [and July], based on the average daily volume for the preceding [six month period] *year* ) as set forth in subsection 1.a. above. Until an options class is placed in a MAC category, only per contract trade execution fees will apply to trades in that class. 2. MAC “Adjustments” With respect to market makers appointed to classes traded by BOX Market Makers on the date of such appointment, if the market maker is not already a BOX Market Maker in at least one other class, the MAC will be applied the earlier of either

(i)the date the Market Maker commences quoting the class, or

(ii)three months after the date of such appointment. However, if the market maker is already a BOX Market Maker in at least one other class, the MAC will not be applied until the earlier of either

(i)the date the Market Maker commences quoting the class, or

(ii)the eleventh trading day after the date of such appointment. With respect to market makers appointed to classes not traded by BOX Market Makers on the date of such appointment, if the market maker is not already a BOX Market Maker in at least one other class, the MAC will be applied [the earlier of either

(i)the date the Market Maker commences quoting the class, or (ii)] three months after the date of such appointment. However, if the market maker is already a BOX Market Maker in at least one other class, the MAC will be applied the date the class is listed on BOX. Any MAC that becomes applicable on a day other than the first trading day of a calendar month is applied on a pro rata basis based on the number of trading days in that month for which the class was traded on BOX. Furthermore, the MAC will be “indexed” to BOX's [overall] market share as determined by OCC clearing volumes *on a class-by-class basis.* At the beginning of each calendar month, BOX will calculate its market share for the previous month (market share equals total BOX traded volume divided by the total OCC cleared volume for the classes that BOX has listed). If BOX's [overall] market share *in that particular class* is less than 10%, BOX will reduce the MAC applicable for each Market Maker according to the following table. [BOX market share] [MAC applicable rate] [0% to 4.99%] [33.3%] [5% to 9.99%] [66.7%] [10% and more] [Full MAC] Market share MAC applicable rate 0% to 1.99% $.20 per contract 2% to 3.99% 20% 4% to 4.99% 40% 5% to 5.99% 40% 6% to 7.99% 60% 8% to 9.99% 80% 10%+ 100% These adjustments are subject to subsection 1.b. above. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose BOX levies a monthly fixed fee to its participant Market Makers for each option class traded by such participants. BOX classifies its traded classes into six categories (A through F), and the fee for each category is determined by overall OCC cleared volume. For example, classes trading less than 5,000 average daily OCC cleared contracts are assigned to category F, classes trading between 5,000 and 9,999 average daily OCC cleared contracts are assigned to category E, *etc.* The MAC amounts increase with higher traded volumes and range from $100 per month for Category F to $15,000 per month for Category A. Monthly discounts are subsequently applied to each firm's MAC based on overall OCC market share that BOX achieves on a monthly basis. The following are proposed changes to the MAC:

(a)*Changes to the Activity Levels:* BSE proposes to amend BOX's Fee Schedule to account for the effect that current market conditions have had on the MAC. Recent increases in options trading have resulted in many BOX listed classes to be reclassified into higher MAC categories. BOX therefore seeks to amend its existing MAC program to modify the MAC for certain classes of options and provide uniform fee adjustments to BOX's participants. No changes are being sought to alter the fundamental structure of the existing MAC program.

(b)*Exemption for New Market Makers:* BSE proposes to exempt new Market Makers from the MAC for the first three months as a BOX participant. BSE believes that it would be more equitable to allow new Market Maker participants to become familiar with BOX before imposing a fee based on a minimum level of activity.

(c)*Changing the Frequency of MAC Reclassifications:* BSE proposes to change the frequency of MAC reclassifications from at least twice annually to at least once annually. BSE believes that this change would lessen the impact that market volatility has on BOX market participants.

(d)*Indexing the MAC on a Class-by-Class Basis:* BSE proposes to change the indexing of the MAC from overall market share to class-by-class market share. BSE believes that this new structure would be more equitable and that Market Makers should pay for the level of liquidity in each class in which they trade. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b) of the Act, 6 in general, and furthers the objectives of Section 6(b)(4) of the Act, 7 in particular, because it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among members of the Exchange. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change, which has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 8 and Rule 19b-4(f)(2) 9 thereunder, is effective upon filing with the Commission. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b-4(f)(2). 10 The effective date of the original proposed rule change is June 23, 2006, and the effective date of Amendment No. 1 is June 30, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers such period to commence on June 30, 2006, the date on which the Exchange filed Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-BSE-2006-12 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-BSE-2006-12. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-BSE-2006-12 and should be submitted on or before August 2, 2006. 11 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6-10922 Filed 7-11-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54100; File No. SR-CHX-2006-13] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Order Approving Proposed Rule Change Relating to Participant Fees and Credits July 5, 2006. On April 24, 2006, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend its Participant Fee Schedule (“Fee Schedule”) to reduce, retroactively to March 1, 2006, the assignment fees charged to specialist firms seeking the right to trade securities, when the securities are assigned in competition with other firms. The proposed rule change was published for comment in the **Federal Register** on June 1, 2006. 3 The Commission received no comments regarding the proposal. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 53868 (May 25, 2006), 71 FR 31242. The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and in particular, with section 6(b)(4) of the Act, 4 which requires that the rules of the Exchange provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. 5 The proposed retroactive fee reduction was filed simultaneously with, and is identical to, a fee reduction applied by the Exchange prospectively as of April 24, 2006. 6 That fee reduction was based on the Exchange's belief that the right to trade securities as an Exchange specialist has only a short-term benefit, in view of an Exchange proposal pending with the Commission to implement a new trading model that does not involve the use of specialists to handle customer orders. 7 The Exchange believes that it is appropriate to apply the fee reduction retroactively to specialist assignments made in the period beginning March 1, 2006, a time when, the Exchange states, its management began talking with specialist firms about the reasons for, and possibility of, this type of fee reduction. The Commission believes such reduction is consistent with the Act. 4 15 U.S.C. 78f(b)(4). 5 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition and capital formation. *See* 15 U.S.C. 78c(f). 6 *See* Securities Exchange Act Release No. 53781 (May 10, 2006), 71 FR 28727 (May 17, 2006) (notice and immediate effectiveness of SR-CHX-2006-12). 7 *See* SR-CHX-2006-05. *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 8 that the proposed rule change (SR-CHX-2006-13) is approved . 8 15 U.S.C. 78s(b)(2). 9 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 J. Lynn Taylor, Assistant Secretary. [FR Doc. 06-6162 Filed 7-11-06; 8:45 am]

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