Notices. Request for comment
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/register/2006/10/05/06-8496A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 7590-01-M NUCLEAR REGULATORY COMMISSION Notice of Opportunity to Comment on Model Safety Evaluation and Model License Amendment Request on Technical Specification Improvement Regarding the Removal of the Main Steam and Main Feedwater Isolation Valve Times Using the Consolidated Line Item Improvement Process AGENCY: Nuclear Regulatory Commission. ACTION: Request for comment. SUMMARY: Notice is hereby given that the staff of the U.S. Nuclear Regulatory Commission
(NRC)has prepared a model license amendment request (LAR), model safety evaluation (SE), and model proposed no significant hazards consideration
(NSHC)determination related to changes to Standard Technical Specification NUREG-1430, 1431, 1432,
(STS)3.7.2, “Main Stream Isolation Valves (MSIVs);” NUREG-1430, STS 3.7.3, “Main Feedwater Stop Valves (MFSVs), Main Feedwater Control Valves (MFCVs), and Associated Startup Feedwater Control Valves (SFCVs);” NUREG-1431, STS 3.7.3, “Main Feedwater Isolation Valves (MFIVs), Main Feedwater Regulation Valves (MFRVs), and Associated Bypass Valves;” and NUREG-1432, STS 3.7.3,”Main Feedwater Isolation Valves (MFIVs), and MFIV Bypass Valves.” These valves are herein referred to generically as the Main Steam and Main Feedwater Isolation Valves. The Babcocks and Wilcocks Owners Group (BWOG), the Combustion Engineering Owners Group
(CEOG)and the Westinghouse Owners Group
(WOG)participants in the Technical Specifications Task Force
(TSTF)proposed these changes to the STS in TSTF-491, Revision 2 “Removal of Main Steam and Feedwater Valve Isolation Times.” The purpose of these models is to permit the NRC to efficiently process amendments to incorporate these changes into plant-specific Technical Specifications
(TS)for Babcock and Wilcock Pressurized Water Reactors (BWPWR), Combustion Engineering Pressurized Water Reactors (CEPWR) and Westinghouse Pressurized Water Reactors (WPWR). Licensees of nuclear power reactors to which the models apply can request amendments conforming to the models. In such a request, a licensee should confirm the applicability of the model LAR, model SE and NSHC determination to its plant. The NRC staff is requesting comments on the model LAR, model SE and NSHC determination before announcing their availability for referencing in license amendment applications. DATES: The comment period expires November 6, 2006. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: Comments may be submitted either electronically or via U.S. mail. Submit written comments to: Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration, Mail Stop: T-6 D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments to: 11545 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays. Submit comments by electronic mail to: *CLIIP@nrc.gov.* Copies of comments received may be examined at the NRC's Public Document Room, One White Flint North, Public File Area O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland. FOR FURTHER INFORMATION CONTACT: Peter C. Hearn, Mail Stop: O-12H2, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-1189, e-mail *pch@nrc.gov.* SUPPLEMENTARY INFORMATION: Background Regulatory Issue Summary 2000-06, “Consolidated Line Item Improvement Process for Adopting Standard Technical Specifications Changes for Power Reactors,” was issued on March 20, 2000. The CLIIP is intended to improve the efficiency and transparency of NRC licensing processes. This is accomplished by processing proposed changes to the STS in a manner that supports subsequent license amendment applications. The CLIIP includes an opportunity for the public to comment on proposed changes to the STS following a preliminary assessment by the NRC staff and finding that the change will likely be offered for adoption by licensees. This notice is soliciting comment on a proposed change to the STS that relocates the Main Steam and Main Feedwater Isolation Valves Closure Times for the Babcock and Wilcock PWR STS Revision 3.0 of NUREG-1430, Combustion Engineering PWR STS Revision 3.0 of NUREG-1432 and Westinghouse PWR STS Revision 3.0 of NUREG-1431 to a Licensee Controlled Document that is referenced in the Bases. The CLIIP directs the NRC staff to evaluate any comments received for a proposed change to the STS and to either reconsider the change or proceed with announcing the availability of the change for proposed adoption by licensees. Those licensees opting to apply for the subject change to TSs are responsible for reviewing the staff's evaluation, referencing the applicable technical justifications, and providing any necessary plant-specific information. Following the public comment period, the model LAR and model SE will be finalized, and posted on the NRC Web page. Each amendment application made in response to the notice of availability will be processed and noticed in accordance with applicable NRC rules and procedures. This notice involves relocating the Main Steam and Main Feedwater Isolation Valves Closure Times for the Babcock and Wilcock PWRs, Combustion Engineering PWRs and Westinghouse PWRs to a Licensee Controlled Document that is referenced in the Bases. By letter dated May 18, 2006, the BWPWR, CEPWR and the WPWR OG proposed these changes for incorporation into the STS as TSTF-491, Revision 2. These changes are accessible electronically from the Agency-wide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet (ADAMS Accession No. ML061500078) at the NRC Web site *http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 Public Document Room Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Applicability These proposed changes will revise the Sections 3.7.2 and 3.7.3 for the Babcock and Wilcock, Combustion Engineering and Westinghouse plants. To efficiently process the incoming license amendment applications, the NRC staff requests that each licensee applying for the changes addressed by TSTF-491, Revision 2, using the CLIIP submit an LAR that adheres to the following model. Any variations from the model LAR should be explained in the licensee's submittal. Variations from the approach recommended in this notice may require additional review by the NRC staff, and may increase the time and resources needed for the review. Significant variations from the approach, or inclusion of additional changes to the license, will result in staff rejection of the submittal. Instead, licensees desiring significant variations and/or additional changes should submit a LAR that does not claim to adopt TSTF-491. Public Notices This notice requests comments from interested members of the public within 30 days of the date of this publication. Following the NRC staff's evaluation of comments received as a result of this notice, the NRC staff may reconsider the proposed change or may proceed with announcing the availability of the change in a subsequent notice (perhaps with some changes to the model LAR, model SE or model NSHC determination as a result of public comments). If the NRC staff announces the availability of the change, licensees wishing to adopt the change will submit an application in accordance with applicable rules and other regulatory requirements. The NRC staff will, in turn, issue for each application a notice of consideration of issuance of amendment to facility operating license(s), a proposed NSHC determination, and an opportunity for a hearing. A notice of issuance of an amendment to operating license(s) will also be issued to announce the revised requirements for each plant that applies for and receives the requested change. Dated at Rockville, Maryland this 28th day of September 2006. For the Nuclear Regulatory Commission. Timothy J. Kobetz, Chief, Technical Specifications Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation. Attachments—For inclusion on the Technical Specification Web Page the following example of an application was prepared by the NRC staff to facilitate the adoption of Technical Specifications Task Force
(TSTF)Traveler TSTF-491, Revision 2. The model provides the expected level of detail and content for an application to adopt TSTF-491, Revision 2. Licensees remain responsible for ensuring that their actual application fulfills their administrative requirements as well as NRC regulations. U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555.Subject: Plant Name, Docket No. 50-[XXX,] Re: Application For Technical Specification Improvement To Adopt TSTF-491, Revision 2 “Removal of Main Steam and Feedwater Valve Isolation Times.” Dear Sir or Madam: In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10 CFR), [LICENSEE] is submitting a request for an amendment to the technical specifications
(TS)for [PLANT NAME, UNIT NOS.]. The proposed changes would revise Sections 3.7.2, “Main Steam Isolation Valves” and 3.7.3, “Main Feedwater Isolation Valves”. The changes are consistent with NRC-approved Industry Technical Specification Task Force
(TSTF)Standard Technical Specification Change Traveler, TSTF-491, Revision 2 “Removal of Main Steam and Feedwater Valve Isolation Times.” The availability of this TS improvement was announced in the **Federal Register** on [DATE] ([ ]FR[ ]) as part of the consolidated line item improvement process CLIIP. Enclosure 1 provides a description and assessment of the proposed changes, as well as confirmation of applicability. Enclosure 2 provides the existing TS pages and TS Bases marked-up to show the proposed changes. Enclosure 3 provides final TS pages and TS Bases pages. [LICENSEE] requests approval of the proposed license amendment by [DATE], with the amendment being implemented [BY DATE OR WITHIN X DAYS]. In accordance with 10 CFR 50.91, a copy of this application, with enclosures, is being provided to the designated [STATE] Official. I declare under penalty of perjury under the laws of the United States of America that I am authorized by [LICENSEE] to make this request and that the foregoing is true and correct. [Note that request may be notarized in lieu of using this oath or affirmation statement]. If you should have any questions regarding this submittal, please contact [ ]. Sincerely, Name, Title Enclosures: 1. Description and Assessment of Proposed Changes 2. Proposed Technical Specification Changes and Technical Specification Bases Changes 3. Final Technical Specification and Bases pages cc: NRR Project Manager, Regional Office, Resident Inspector, State Contact, T. Kobetz. 1.0 Description This letter is a request to amend Operating License(s) [LICENSE NUMBER(S)] for [PLANT/UNIT NAME(S)]. The proposed changes would revise Technical Specification 3.7.2 “ Main Steam Valves Closure Times” and 3.7.3 “Main Feedwater Isolation Valves Closure Times” to allow relocating the closure times to a Licensee Controlled Document that is referenced in the BasesTechnical Specification Task Force
(TSTF)change traveler TSTF-491, Revision 2, “Removal of Main Steam and Feedwater Valve Isolation Times” was announced for availability in the **Federal Register** on [DATE] as part of the consolidated line item improvement process CLIIP. 2.0 Proposed Changes Consistent with NRC-approved TSTF_491, Revision 2, the proposed TS changes include: Relocating the main steam and main feedwater isolation closure times to a Licensee Controlled Document that is referenced in the Bases. 3.0 Background The background for this application is as stated in the model SE in NRC's Notice of Availability published on [DATE ]([ ] FR [ ]), the NRC Notice for Comment published on [DATE] ([ ] FR [ ]), and TSTF-491, Revision 2. 4.0 Technical Analysis [LICENSEE] has reviewed References 1 and 2, and the model SE published on [DATE] ([ ] FR [ ]) as part of the CLIIP Notice for Comment. [LICENSEE] has applied the methodology in Reference 1 to develop the proposed TS changes. [LICENSEE] has also concluded that the justifications presented in TSTF-491, Revision 2 and the model SE prepared by the NRC staff are applicable to [PLANT, UNIT NOS.], and justify this amendment for the incorporation of the changes to the [PLANT] TS. 5.0 Regulatory Analysis A description of this change and its relationship to applicable regulatory requirements and guidance was provided in the NRC Notice of Availability published on [Date] ([FR [ ]), the NRC Notice for Comment published on [Date] ([ ] FR [ ]) and TSTF-491, Revision 2. 6.0 No Significant Hazards Consideration [LICENSEE] has reviewed the proposed no significant hazards consideration determination published in the **Federal Register** on [DATE] ([ ] FR [ ]) as part of the CLIIP. [LICENSEE] has concluded that the proposed determination presented in the notice is applicable to [PLANT] and the determination is hereby incorporated by reference to satisfy the requirements of 10 CFR 50.91(a). 7.0 Environmental Evaluation [LICENSEE] has reviewed the environmental consideration included in the model SE published in the **Federal Register** on [DATE] ([ ] FR [ ]) as part of the CLIIP. [LICENSEE] has concluded that the staff's findings presented therein are applicable to [PLANT] and the determination is hereby incorporated by reference for this application. 8.0 References 1. **Federal Register** Notices: Notice for Comment published on [DATE] ([ ] FR [ ]). Notice of Availability published on [DATE] ([ ] FR [ ]). Model Safety Evaluation—U.S. Nuclear Regulatory Commission. Office of Nuclear Reactor Regulation-“Technical Specification Task Force TSTF-491, Revision 2, “Removal of Main Steam and Feedwater Valve Isolation Times.” Model Safety Evaluation—U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation—“Technical Specification Task Force TSTF-491, Revision 2,”—“Removal of Main Steam and Feedwater Valve Isolation Times.” 1.0 Introduction By letter dated [__, 20_], [LICENSEE] (the licensee) proposed changes to the technical specifications
(TS)for [PLANT NAME]. The requested changes are the adoption of TSTF-491, Revision 2, “Removal of Main Steam and Feedwater Valve Isolation Times” which was proposed by the Technical Specification Task Force
(TSTF)by letter on May 18, 2006. The proposed changes would revise Technical Specification 3.7.2 “ Main Steam Valves Closure Times” and 3.7.3 “Main Feedwater Isolation Valves Closure Times.” The proposed TSTF would allow relocating the isolation valve closure times to a Licensee Controlled Document that is referenced in the Bases. Technical Specification Task Force
(TSTF)change traveler TSTF-491, Revision 2, was announced for availability in the **Federal Register** on [DATE] as part of the consolidated line item improvement process CLIIP. 2.0 Regulatory Evaluation Section 182a of the Atomic Energy Act (the “Act”) requires applicants for nuclear power plant operating licenses to include TS as part of the license. The TS ensure the operational capability of structures, systems and components that are required to protect the health and safety of the public. The Commission's regulatory requirements related to the content of the TS are contained in 10 CFR Section 50.36. That regulation requires that the TS include items in the following specific categories:
(1)Safety limits, limiting safety systems settings, and limiting control settings (50.36(c)(1));
(2)Limiting Conditions for Operation (50.36(c)(2));
(3)Surveillance Requirements (50.36(c)(3));
(4)design features (50.34(c)(4)); and
(5)administrative controls (50.36(c)(5)). In general, there are two classes of changes to TS:
(1)Changes needed to reflect modifications to the design basis (TS are derived from the design basis), and
(2)voluntary changes to take advantage of the evolution in policy and guidance as to the required content and preferred format of TS over time. This amendment deals with the second class of changes. In determining the acceptability of revising STS 3.7.2 and 3.7.3, the staff used the accumulation of generically approved guidance in NUREG-1430, “Standard Technical Specifications, Revision 3 Babcock and Wilcox Plants,” dated June, 2004; NUREG-1431, Revision 3, “Standard Technical Specifications, Westinghouse Plants,” dated June, 2004; and NUREG-1432, “Standard Technical Specifications, Revision 3 Combustion Engineering Plants,” dated June, 2004. Licensees may revise the TS to adopt current improved STS format and content provided that plant-specific review supports a finding of continued adequate safety because:
(1)The change is editorial, administrative or provides clarification (i.e., no requirements are materially altered),
(2)the change is more restrictive than the licensee's current requirement, or
(3)the change is less restrictive than the licensee's current requirement, but nonetheless still affords adequate assurance of safety when judged against current regulatory standards. The detailed application of this general framework, and additional specialized guidance, are discussed in Section 3.0 in the context of specific proposed changes. Nomenclature specific to the Westinghouse Plants is used in the following Technical Evaluation. 3.0 Technical Evaluation The NRC staff has reviewed the justification for the proposed TSTF as described in the September 13, 2005 submittal. The detailed evaluation below will support the conclusion that:
(1)There is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner,
(2)such activities will be conducted in compliance with the Commission's regulations, and
(3)the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. 3.1 Main Steam Isolation Valves
(MSIV)One MSIV is located in each main steam line outside of the containment. Closing the MSIVs isolates each steam generator from the others and isolates the turbine, steam bypass system and other auxiliary steam supplies from the steam generator. By isolating the steam flow from the secondary side of the steam generator the MSIVs prevent over cooling the reactor core following a high energy line break (HELB). By preventing core overcooling the MSIVs protect the reactor core from being damaged. TSTF-491 is proposing to relocate the required closure times for the MSIVs to the Licensee Controlled Document
(LCD)that is referenced in the Bases. Changes to LCDs are subject to the 10 CFR 50.59 process. The 10 CFR 50.59 criteria provide adequate assurance that prior staff review and approval will be requested by the licensee for changes to the Bases or LCD requirements with the potential to affect the safe operation of the plant. Furthermore, the MSIVs are subject to periodic testing and acceptance criteria in accordance with the Inservice Testing
(IST)Program. Compliance with the IST Program is required by Section 5.5.7 of the Standard Technical Specifications
(STS)and 10 CFR 50.55. The IST Program includes specific reference value baseline operating times for valves that are not subject to arbitrary changes. 10 CFR 50.36 requires the inclusion of the periodic testing of the MSIVs in the Surveillance Requirements not the actual closure time of the valves. TSTF-491 change maintains the periodic testing requirements for MSIVs in accordance with 10 CFR 50.36. Based on the requirements of 10 CFR 50.36, 10 CFR 50.59 and IST Program, the staff concludes that relocating the MSIV closure time to the LCD as referenced in the Bases is acceptable. 3.2 Main Feedwater Isolation Valve (MFIV), Main Feedwater Regulation/Control Valve
(MFRV)and Associated Bypass Valves
(BV)The MFIVs and BVs or the MFRVs and BVs isolate the nonsafety related portions from the safety related portions of the system. In the event of a secondary side pipe rupture inside containment, these valves limit the quantity of high energy fluid that enters the containment through the break and provide a pressure boundary for the controlled addition of auxiliary feedwater to the intact loops. By isolating the feedwater flow from the affected steam generator the MFIVs, MFRVs and BVs prevent overcooling the reactor core and over pressurizing of the containment from feedwater pump runout. As with the MSIVs, TSTF-491 is also proposing to relocate the required closure times for the MFIVs, MFRVs and BVS to the LCD that is referenced in the Bases. Changes to the Bases or LCD are subject to the 10 CFR 50.59 process. The 10 CFR 50.59 criteria provide adequate assurance that prior staff review and approval will be requested by the licensee for changes to the Bases or Licensee Controlled Document requirements with the potential to affect the safe operation of the plant. Furthermore, the MFIVs, MFRVs and BVs are subject to periodic testing and acceptance criteria in accordance with the Inservice Testing
(IST)Program. Compliance with the IST Program is required by Section 5.5.7 of the Standard Technical Specifications
(STS)and 10 CFR 50.55. The IST Program includes specific reference value baseline operating times for valves that are not subject to arbitrary changes. 10 CFR 50.36 requires the inclusion of the periodic testing of the MFIVs, MFRVs and BVs in the Surveillance Requirements not the actual closure time of the valves. TSTF-491 maintains the periodic testing requirements for MFIVs, MFRVs and BVs in accordance with 10 CFR 50.36. Based on the requirements of 10 CFR 50.36, 10 CFR 50.59 and the IST Program, the staff concludes that relocating the MFIVs, MFRVs and BVs closure times to the LCD as referenced in the Bases is acceptable. 4.0 State Consultation In accordance with the Commission's regulations, the [___] State official was notified of the proposed issuance of the amendment. The State official had [(1) no comments or
(2)the following comments—with subsequent disposition by the staff]. 5.0 Environmental Consideration The amendment[s] change[s] a requirement with respect to the installation or use of a facility component located within the restricted area as defined in 10 CFR part 20 or surveillance requirements. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration and there has been no public comment on such finding published [DATE] ([ ] FR [ ]). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.6.0 Conclusion The Commission has concluded, based on the considerations discussed above, that
(1)There is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner,
(2)such activities will be conducted in compliance with the Commission's regulations, and
(3)the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. Proposed No Significant Hazards Consideration Determination Description of Amendment Request: [Plant name] requests adoption of an approved change to the standard technical specifications
(STS)for Babcock and Wilcock PWR STS Revision 3.0 of NUREG-1430, Combustion Engineering PWR STS Revision 3.0 of NUREG-1432 and Westinghouse PWR STS Revision 3.0 of NUREG-1431 plant specific technical specifications (TS), to allow relocating the main steam and main feedwater isolation valve closure times to a Licensee Controlled Document that is referenced in the Bases. The changes are consistent with NRC approved Industry/Technical Specification Task Force
(TSTF)Standard Technical Specifcation Change Traveler, TSTF-491, Revision 2. Basis for proposed no-significant-hazards-consideration determination: As required by 10 CFR 50.91(a), an analysis of the issue of no-significant-hazards-consideration is presented below: Criterion 1—The Proposed Change Does Not Involve a Significant Increase in the Probability or Consequences of an Accident Previously Evaluated The proposed change allows relocating main steam and main feedwater valve isolation times to the Licensee Controlled Document that is referenced in the Bases. The proposed change is described in Technical Specification Task Force
(TSTF)Standard TS Change Traveler TSTF-491 related to relocating the main steam and main feedwater valves isolation times to the Licensee Controlled Document that is referenced in the Bases and replacing the isolation time with the phase, “within limits.” The proposed change does not involve a physical alteration of the plant (no new or different type of equipment will be installed). The proposed changes relocate the main steam and main feedwater isolation valve times to the Licensee Controlled Document that is referenced in the Bases. The requirements to perform the testing of these isolation valves are retained in the TS. Future changes to the Bases or licensee-controlled document will be evaluated pursuant to the requirements of 10 CFR 50.59, “ Changes, test and experiments”, to ensure that such changes do not result in more than minimal increase in the probability or consequences of an accident previously evaluated. The proposed changes do not adversely affect accident initiators or precursors nor alter the design assumptions, conditions, and configuration of the facility or the manner in which the plant is operated and maintained. The proposed changes do not adversely affect the ability of structures, systems and components
(SSCs)to perform their intended safety function to mitigate the consequences of an initiating event within the assumed acceptance limits. The proposed changes do not affect the source term, containment isolation, or radiological consequences of any accident previously evaluated. Further, the proposed changes do not increase the types and the amounts of radioactive effluent that may be released, nor significantly increase individual or cumulative occupation/public radiation exposures. Therefore, the changes do not involve a significant increase in the probability or consequences of any accident previously evaluated. Criterion 2—The Proposed Change Does Not Create the Possibility of a New or Different Kind of Accident from any Previously Evaluated The proposed changes relocate the main steam and main feedwater valve isolation times to the Licensee Controlled Document that is referenced in the Bases. In addition, the valve isolation times are replaced in the TS with the phase “within limits”. The changes do not involve a physical altering of the plant (i.e., no new or different type of equipment will be installed) or a change in methods governing normal pant operation. The requirements in the TS continue to require testing of the main steam and main feedwater isolation valves to ensure the proper functioning of these isolation valves. Therefore, the changes do not create the possibility of a new or different kind of accident from any previously evaluated. Criterion 3—The Proposed Change Does Not Involve a Significant Reduction in the Margin of Safety The proposed changes relocate the main steam and main feedwater valve isolation times to the Licensee Controlled Document that is referenced in the Bases. In addition, the valve isolation times are replaced in the TS with the phase “within limits”. Instituting the proposed changes will continue to ensure the testing of main steam and main feedwater isolation valves. Changes to the Bases or license controlled document are performed in accordance with 10 CFR 50.59. This approach provides an effective level of regulatory control and ensures that main steam and feedwater isolation valve testing is conducted such that there is no significant reduction in the margin of safety. The margin of safety provided by the isolation valves is unaffected by the proposed changes since there continue to be TS requirements to ensure the testing of main steam and main feedwater isolation valves. The proposed changes maintain sufficient controls to preserve the current margins of safety. Based upon the reasoning above, the NRC staff concludes that the amendment request involves no significant hazards consideration. For the Nuclear Regulatory Commission. *Project Manager, Plant Licensing Branch, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.* [FR Doc. E6-16450 Filed 10-4-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Submission for OMB Emergency Clearance and 60 Day Notice for Comment for a Reinstatement, With Change, of a Previously Approved Collection: OPM Form 1300, Presidential Management Fellows Program Online Application and Resume Builder AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management
(OPM)submitted a request to the Office of Management and Budget
(OMB)for emergency clearance and review for a reinstatement, with change, of a previously approved collection for the OPM Form 1300, Presidential Management Fellows
(PMF)Program Online Application and Resume Builder. Approval of this request is necessary to facilitate the timely nomination of PMF applicants to the PMF Program. This also serves as the 60 Day Notice for review for full clearance. As a result of Executive Order 13318 and OPM regulations on the PMF Program issued on May 19, 2005 (70 FR 28775), effective June 20, 2005, eligible graduate students interested in applying to the PMF Program must be nominated by their accredited graduate school's Dean, Chairperson, or Academic Program Director (otherwise referred to as the Nomination Official). In addition, per OMB's approval of the OPM Form 1300 for the PMF Class of 2006 on September 31, 2005, several contingencies were requested. One of those contingencies was for OPM to commit to developing future systems/system changes that would streamline the application process for those seeking Federal jobs. The following significant changes have been made to the application and nomination process:
(1)The PMF Program has recently migrated from an in-house online application and resume builder system to a vacancy announcement approach via USAJOBS; and
(2)the nomination process was modified to create a PMF Nomination Form (which OPM proposes to become the new OPM Form 1300), which will serve as a fax-back form for the Nomination Official to fill-out and fax to OPM. Applicants will be directed to a vacancy announcement on USAJOBS and asked to upload their resume. Upon submission of their application, a Nomination Form will generate for the applicant to hand-carry to their school's Nomination Official for possible nomination to the PMF Program. If at any stage the applicant is found ineligible or ultimately not selected as a Finalist, he/she would still have the flexibility to apply to other Federal opportunities on USAJOBS. We estimate 2,500 to 3,000 applications will be received and processed in the 2006/2007 open season for PMF applications. During the 2005/2006 open season OPM received approximately 2,982 applications, leading to 2,755 nominations by colleges and universities. Using the new OPM Form 1300 (PMF Nomination Form) we estimate Nomination Officials will need one-half hour to receive, review, and render a decision for nomination. The annual estimated burden for Nomination Officials to select nominees is 1,500 hours. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions on the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. For copies of this proposal, contact Mary Beth Smith-Toomey at
(202)606-2150 fax
(202)418-3251, or e-mail to *mbtoomey@opm.gov* . Please include your complete mailing address with your request. DATES: Comments on this proposal for emergency review should be received within 10 calendar days from the date of this publication. We are requesting OMB to take action within 5 calendar days from the close of this **Federal Register** Notice, on the request for emergency review. Comments on this proposal for 60 day review should be received within 60 days from the date of this publication. ADDRESSES: Send or deliver comments to: U.S. Office of Personnel Management, Presidential Management Fellows Program, ATTN: Rob Timmins, 1900 E Street, NW., Room 1425, Washington, DC 20415; E-mail: *pmf@opm.gov* ; and Brenda Aguilar, OPM Desk Officer, Office of Management and Budget, Office of Information and Regulatory Affairs, New Executive Office Building, NW., Room 10235, Washington, DC 20503. Office of Personnel Management. Dan G. Blair, Deputy Director. [FR Doc. E6-16437 Filed 10-4-06; 8:45 am] BILLING CODE 6325-38-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27507] Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940 September 29, 2006. The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of September, 2006. A copy of each application may be obtained for a fee at the SEC's Public Reference Branch (tel. 202-551-5850). An order granting each application will be issued unless the SEC orders a hearing. Interested persons may request a hearing on any application by writing to the SEC's Secretary at the address below and serving the relevant applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on October 24, 2006, and should be accompanied by proof of service on the applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE.,Washington, DC 20549-1090. *For Further Information Contact:* Diane L. Titus at
(202)551-6810, SEC, Division of Investment Management, Office of Investment Company Regulation, 100 F Street, NE., Washington, DC 20549-4041. SEI Absolute Return Master Fund, L.P. [File No. 811-21350] SEI Absolute Return Fund, L.P. [File No. 811-21351] *Summary:* Each applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicants have never made a public offering of their securities and do not propose to make a public offering or engage in business of any kind. *Filing Dates:* The applications were filed on July 20, 2006, and amended on September 21, 2006 and September 27, 2006. *Applicants' Address:* One Freedom Valley Dr., Oaks, PA 19456. Evergreen American Retirement Trust [File No. 811-5434] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On or about December 22, 1997, applicant transferred its assets to Evergreen American Retirement Fund, a newly created series of Evergreen Equity Trust, based on net asset value. Expenses incurred in connection with the reorganization were paid by applicant. *Filing Date:* The application was filed on September 21, 2006. *Applicant's Address:* 200 Berkeley St., Boston, MA 02116. AmSouth Funds [File No. 811-5551] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On September 23, 2005, each of applicant's series transferred its assets to one of the following corresponding funds: Pioneer Value Fund, Pioneer Short Term Income Fund, Pioneer Money Market Trust, Pioneer Fund, Pioneer Bond Fund, Pioneer Mid Cap Value Fund, Pioneer Series Trust II, Pioneer Tax Free Income Fund, Pioneer Series Trust I, Pioneer Series Trust IV and Pioneer Ibbotson Asset Allocation Series, based on net asset value. Expenses of $5,510,356 incurred in connection with the reorganization were paid by AmSouth Asset Management Inc., applicant's investment adviser, Pioneer Investment Management, Inc., the acquiring fund's investment adviser, and AmSouth Bancorporation, the parent company of applicant's investment adviser. *Filing Dates:* The application was filed on August 10, 2006, and amended on September 21, 2006. *Applicant's Address:* 3435 Stelzer Rd., Columbus, OH 43219. Mason Street Funds, Inc. [File No. 811-7961] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On March 24, 2006, a series of applicant, Mason Street Index 400 Stock Fund, transferred its assets to a series of Federated Index Trust, based on net asset value. On March 31, 2006, applicant's remaining series transferred their assets, based on net asset value, to corresponding series of the following funds: American Century Mutual Funds, Inc., American Century Investment Trust, American Century Capital Portfolios, Inc., American Century Quantitative Equity Funds, Inc., American Century World Mutual Funds, Inc., American Century Strategic Asset Allocations, Inc., American Century Municipal Trust and Federated Index Trust. Expenses of $2,496,358 incurred in connection with the reorganization were paid by Northwestern Mutual Life Insurance Company, Mason Street Advisors, LLC, applicant's investment adviser, American Century Companies, Inc., and Federated Equity Management Company of Pennsylvania, or one or more of their affiliates. *Filing Date:* The application was filed on August 29, 2006. *Applicant's Address:* 720 East Wisconsin Ave., Milwaukee, WI 53202. UBS Aspen Fund, L.L.C. [File No. 811-9581] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On June 30, 2006, applicant made a final liquidating distribution to its shareholders, based on net asset value. Expenses of $59,316 incurred in connection with the liquidation were paid by PFPC Inc., applicant's administrator. *Filing Date:* The application was filed on August 24, 2006. *Applicant's Address:* c/o UBS Financial Services Inc., 1285 Avenue of the Americas, New York, NY 10019. Analysts Investment Trust [File No. 811-7778] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On November 30, 2005, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of approximately $1,550 incurred in connection with the liquidation were paid by Equity Analysts, Inc., applicant's investment adviser. *Filing Dates:* The application was filed on August 14, 2006, and amended on September 12, 2006. *Applicant's Address:* 7750 Montgomery Rd., Cincinnati, OH 45326. AXP Stock Series, Inc. [File No. 811-498] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On March 7, 2006, applicant transferred its assets to RiverSource Large Cap Series, Inc., based on net asset value. Expenses of $59,494 incurred in connection with the reorganization were paid by RiverSource Investments, LLC, applicant's investment adviser. *Filing Dates:* The application was filed on July 7, 2006, and amended on September 8, 2006. *Applicant's Address:* 901 Marquette Ave. South, Suite 2810, Minneapolis, MN 55402-3268. Matterhorn Growth Fund, Inc. [File No. 811-3054] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On February 28, 2006, applicant transferred its assets to CSI Equity Fund, a series of The World Funds, Inc., based on net asset value. Expenses of $81,443 incurred in connection with the reorganization were paid by applicant and the acquiring fund. *Filing Dates:* The application was filed on June 5, 2006, and amended on August 1, 2006 and September 8, 2006. *Applicant's Address:* 301 Oxford Valley Rd., Suite 802B, Yardley, PA 19067. The Treasurer's Fund, Inc. [File No. 811-5347] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On October 27, 2005, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of $36,290 incurred in connection with the liquidation were paid by Gabelli Fixed Income, LLC, applicant's investment adviser. *Filing Dates:* The application was filed on January 5, 2006, and amended on September 25, 2006. *Applicant's Address:* c/o Gabelli Fixed Income, LLC, One Corporate Center, Rye, NY 10580-1422. DB Hedge Strategies Fund LLC [File No. 811-10561] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant is not presently making a public offering of its securities and does not propose to make a public offering. Applicant has one remaining shareholder, which is an affiliate of the investment adviser, and will continue to operate as a private investment fund in reliance on section 3(c)(1) of the Act. *Filing Dates:* The application was filed on March 9, 2006, and amended on September 28, 2006. *Applicant's Address:* DB Investment Managers, Inc., 345 Park Ave., New York, NY 10154. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Nancy M. Morris, Secretary. [FR Doc. E6-16461 Filed 10-4-06; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54544 / File No. S7-12-01] Order Extending Temporary Exemption of Banks, Savings Associations, and Savings Banks From the Definition of “Broker” Under Section 3(a)(4) of the Securities Exchange Act of 1934 September 29, 2006. I. Background The Gramm-Leach-Bliley Act (“GLBA”) repealed the blanket exception of banks from the definitions of “broker” and “dealer” under the Securities Exchange Act of 1934 (“Exchange Act”) 1 and replaced it with functional exceptions incorporated in amended definitions of “broker” and “dealer.” Under the GLBA, banks that engage in securities activities either must conduct those activities through a registered broker-dealer or ensure that their securities activities fit within the terms of a functional exception to the amended definitions of “broker” and “dealer.” 1 As defined in Exchange Act Sections 3(a)(4) and 3(a)(5) [15 U.S.C. 78c(a)(4) and 78c(a)(5)]. The GLBA provided that the amended definitions of “broker” and “dealer” were to become effective May 12, 2001. On May 11, 2001, the Securities and Exchange Commission (“Commission”) issued interim final rules (“Interim Rules”) to define certain terms used in, and grant additional exemptions from, the amended definitions of “broker” and “dealer.” 2 Among other things, the Interim Rules extended the exceptions and exemptions granted to banks under the GLBA and Interim Rules to savings associations and savings banks. These Rules also included a temporary exemption that gave banks time to come into full compliance with the more narrowly-tailored exceptions from broker-dealer registration. 3 To further accommodate the banking industry's continuing compliance concerns, the Commission delayed the effective date of the bank “broker” and “dealer” rules through a series of orders that, among other things, ultimately extended the temporary exemption from the definition of “broker” to September 30, 2006. 4 2 *See* Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934, Exchange Act Release No. 44291 (May 11, 2001), 66 FR 27760 (May 18, 2001). 3 17 CFR 240.15a-7. 4 *See* Exchange Act Release No. 44570 (July 18, 2001); Exchange Act Release No. 45897 (May 8, 2002); Exchange Act Release No. 46751 (Oct. 30, 2002); Exchange Act Release No. 47649 (April 8, 2003); Exchange Act Release No. 50618 (Nov. 1, 2004); Exchange Act Release No. 51328 (March 8, 2005); and Exchange Act Release No. 52405 (Sept. 9, 2005) (extending the exemption from the definition of “broker” until September 30, 2006). During this time, the Commission also extended the temporary exemption from the definition of “dealer” to September 30, 2003. *See* Exchange Act Release No. 47366 (Feb. 13, 2003). On February 13, 2003, the Commission adopted amendments to certain parts of the Interim Rules that define terms used in the dealer exceptions, as well as certain dealer exemptions (“Dealer Release”), *see* Exchange Act Release No. 47364 (Feb. 13, 2003), 68 FR 8686 (Feb. 24, 2003). Therefore, this order is limited to an extension of the temporary exemption from the definition of “broker.” In previous extension orders, the Commission acknowledged “that banks may need as much as a year to develop compliance systems to adapt to the GLBA in light of amended Rules. The Commission does not expect banks to develop compliance systems for the provisions of the GLBA discussed in the Rules until the Commission has amended the Rules.” 5 Consistent with those statements, when the Commission proposed Regulation B in June 2004, to replace the Interim Rules, the Commission also proposed a one-year delay in the Regulation's effective date. 6 5 *See, e.g.* , Order Extending Temporary Exemption of Banks, Savings Associations, and Savings Banks from the Definitions of “Broker” and “Dealer” under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934; Notice of Intent to Amend Rules, Exchange Act Release No. 45897 (May 8, 2002), *http://www.sec.gov/rules/other/34-45897.htm.* 6 Exchange Act Release No. 49879 (June 17, 2004), 69 FR 39682 (June 30, 2004). Although the comment period for Regulation B expired on September 1, 2004, 7 the Commission has continued to receive comments. To date, the Commission has received over 120 comments on the proposal, including comments from the banking industry, banking regulators, and members of Congress. The Commission has reviewed these comments and has had further discussions with several commenters, including the federal banking regulators. II. Extension of Temporary Exemption From Definition of “Broker” The Commission is carefully considering comments to determine what final action should be taken with regard to the Regulation B proposal. The Commission anticipates that this review process will not be completed before the exemption from the Interim Rules relating to the definition of “broker” expires on September 30, 2006. 8 7 *See* Exchange Act Release No. 50056 (July 22, 2004) 69 FR 44988 (July 28, 2004) (extending comment period on Regulation B until September 1, 2004). 8 In the Interim Rules, the Commission adopted Exchange Act Rule 15a-7, 17 CFR 240.15a-7, which, as proposed to be amended, would provide banks and other financial institutions until January 1, 2006, to begin complying with the GLBA. In proposing Regulation B, the Commission proposed Rule 781 as a re-designation of Rule 15a-7. *See* 17 CFR 242.781. Therefore, the Commission finds that extending the temporary exemption for banks, savings associations, and savings banks from the definition of “broker” is necessary and appropriate in the public interest, and is consistent with the protection of investors. The Commission believes that extending the exemption from the definition of “broker” until January 15, 2007, will prevent banks and other financial institutions from unnecessarily incurring costs to comply with the statutory scheme based on the current Interim Rules and will give the Commission time to consider fully comments received on Regulation B and take any final action on the proposal as necessary, including consideration of any modification necessary to the proposed compliance date. III. Conclusion Accordingly, pursuant to Section 36 of the Exchange Act, 9 *It is hereby ordered* that banks, savings associations, and savings banks are exempt from the definition of the term “broker” under the Exchange Act until January 15, 2007. 9 15 U.S.C. 78mm. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E6-16443 Filed 10-4-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54539; File No. SR-NSX-2006-06] Self-Regulatory Organizations; National Stock Exchange, Inc.; Order Approving Proposed Rule Change To Allow the Primary Market Print Protection Rule To Be Applied on an Optional Basis September 28, 2006. On April 12, 2006, the National Stock Exchange, Inc. (“NSX” 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 NSX Rule 11.9(u), which pertains to the preferencing of public agency limit orders that a dealer represents as agent, to eliminate the specific requirement that a Designated Dealer execute eligible limit orders if certain conditions occur in the primary market (referred to as the “primary market print protection” or the “limit order protection” provision). Pursuant to the proposal, dealers and members would still be permitted, but not required, to guarantee the execution of a limit order as principal upon the occurrence of a transaction in another market. The Commission published the proposed rule change for comment in the **Federal Register** on June 27, 2006. 3 The Commission received no comments on the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 54018 (June 20, 2006), 71 FR 36576. After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange. 4 In particular, the Commission believes that the proposed rule change is consistent with Section 6(b)(5) of the Act, 5 which requires among other things, that the rules of the Exchange are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 4 In approving this proposed rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(5). The Commission notes that the Exchange voluntarily enacted its rule-based execution guarantees in 1996, 6 when the guarantees were used, among other things, as a competitive tool to attract order flow to the Exchange. The Commission notes that it has approved a substantially similar proposal of another national securities exchange. 7 In that context, the Commission discussed how the environment had changed since the adoption of voluntary rule-based execution guarantees and “that consequently, the guarantees may no longer serve to foster competition between the markets.” 8 The Commission notes that the deletion of the rule-based mandate regarding limit order protection does not in any way affect the Exchange's rules relating to trading ahead prohibitions or best execution obligations, or any other dealer obligations within NSX's rules. In addition, the Commission notes that, under the proposed rule change, dealers and members would still be permitted, but not required, to provide such guarantees if they wished to do so. 9 6 *See* Securities Exchange Act Release No. 37046 (March 29, 1996), 61 FR 15322 (April 5, 1996) (File No. SR-CSE-95-03). 7 *See* Securities Exchange Act Release No. 52652 (October 21, 2005), 70 FR 62151 (October 28, 2005) (order approving File No. SR-CHX-2004-17). 8 *Id.* at 62152. 9 In addition, the Commission notes that it recently approved File No. SR-NSX-2006-08 which, among other things, adopted a new NSX Rule 11.9 as part of a new trading system for the Exchange, which is not yet operational. *See* Securities Exchange Act Release No. 54391 (August 31, 2006), 71 FR 52836 (September 7, 2006). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 10 that the proposed rule change (SR-NSX-2006-06) be, and hereby is, approved. 10 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 Nancy M. Morris, Secretary. 11 17 CFR 200.30-3(a)(12). [FR Doc. E6-16460 Filed 10-4-06; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10625] Virginia Disaster # VA-00008 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Virginia (FEMA-1661-DR), dated 09/22/2006. *Incident:* Severe Storms and Flooding, Including Severe Storms and Flooding Associated with Tropical Depression Ernesto. *Incident Period:* 08/29/2006 Through 09/07/2006. *Effective Date:* 09/22/2006. *Physical Loan Application Deadline Date:* 11/21/2006. ADDRESSES: Submit Completed Loan Applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 09/22/2006, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Accomack, Caroline, Charles City, Dinwiddie, Essex, Gloucester, Isle of Wight, James City, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Poquoson (City), Richmond, Richmond (City), Surry, Sussex, Westmoreland, York. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.000 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10625. (Catalog of Federal Domestic Assistance Number 59008) Allan I. Hoberman, Acting Associate Administrator for Disaster Assistance. [FR Doc. E6-16413 Filed 10-4-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Revocation of License of Small Business Investment Company Pursuant to the authority granted to the United States Small Business Administration by the Final Order of the United States District Court of the District of New Jersey, dated September 6, 2006, the United States Small Business Administration hereby revokes the license of Bishop Capital, L.P., a New Jersey limited partnership, to function as a small business investment company under the Small Business Investment Company License No. 02/02-0503 issued to Bishop Capital, L.P. on August 27, 1987 and said license is hereby declared null and void as of September 28, 2006. Small Business Administration. Dated: September 28, 2006. Jaime Guzman-Fournier, Associate Administrator for Investment. [FR Doc. E6-16498 Filed 10-4-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Revocation of License of Small Business Investment Company Pursuant to the authority granted to the United States Small Business Administration by the Final Order of the United States District Court of the Eastern District of Michigan, dated July 26, 2006, the United States Small Business Administration hereby revokes the license of Metro-Detroit Investment Company, a Michigan corporation, to function as a small business investment company under the Small Business Investment Company License No. 05/05-5126 issued to Metro-Detroit Investment Company on June 1, 1978 and said license is hereby declared null and void as of September 28, 2006. Small Business Administration. Dated: September 28, 2006. Jaime Guzman-Fournier, Associate Administrator for Investment. [FR Doc. E6-16499 Filed 10-4-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5573] Transitional Application Deadline for Adoption Service Providers Applying for Accreditation, Temporary Accreditation, or Approval Under the Intercountry Adoption Act of 2000 AGENCY: Department of State. ACTION: Notice. SUMMARY: Pursuant to the Intercountry Adoption Act of 2000 (the IAA), the Department of State (the Department) is the Central Authority for the United States for implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention). Under the Convention and the IAA, once the Convention enters into force for the United States, agencies and persons that seek to provide adoption services must generally be accredited, temporarily accredited, approved, or otherwise exempt. The United States intends to ratify the Convention once the necessary preparations for its implementation in the United States have been made. In this public notice, the Department is announcing the transitional application deadline (TAD). In order for an agency or person to be accredited or approved as of the time the Convention enters into force for the United States or for an agency to be temporarily accredited, an agency or person must submit an application and the required fee(s) on or before the TAD to an accrediting entity with jurisdiction to evaluate its application. The Department has designated two accrediting entities. They are: The Council on Accreditation
(COA)and Colorado's Department of Human Services. The TAD is November 17, 2006. *See* 22 CFR part 96.19 for further information on the TAD. Agencies or persons that do not seek to be accredited or approved by the time the Convention enters into force for the United States may submit an application and the required fee(s) to an accrediting entity with jurisdiction to evaluate its application at any time after the TAD. Agencies seeking temporary accreditation must apply by the TAD. FOR FUTHER INFORMATION CONTACT: Mikiko Stebbing, Accrediting Entity Liaison, at 202-736-9086. Hearing or speech-impaired persons may use the Telecommunications Devices for the Deaf
(TDD)by contacting the Federal Information Relay Service at 1-800-877-8339. Application and fee information is available by contacting the appropriate accrediting entity at the following mailing address, e-mail address or telephone number: Council on Accreditation: Contact Beth Rubenstein, 212-797-3000 or e-mail: *brubenstein@coanet.org* or mailing address: Council on Accreditation, 120 Wall Street, 11th Floor, New York City, NY 10005 ( *http://www.coanet.org* ); Colorado Department of Human Services: Contact Lori Roxbury, 303-866-5475 or e-mail: *lori.roxbury@state.co.us* or mailing address: Colorado Department of Human Services, Division of Child Care, 1575 Sherman Street, First Floor, Denver, Colorado 80203. Applications for the Colorado Department of Human Services are limited to adoption service providers licensed in the State of Colorado. SUPPLEMENTARY INFORMATION: Agencies whose applications are received after midnight on November 17, 2006 may not be accredited, temporarily accredited, or approved as of the time the Convention enters into force for the United States. Please send accreditation/approval applications to the appropriate designated accrediting entity at the address listed in the Contact Information section of this public notice. Do not send accreditation/approval applications to the Department. Please note that all applicants for temporary accreditation must apply by the TAD. Temporary accreditation is available only to agencies that performed fewer than 100 intercountry adoption cases in the year prior to the TAD and only for the one or two-year period following the Convention's entry into force for the United States. Please *see* 22 CFR 96.95 for further information on temporary accreditation. Shortly after the TAD on November 17, 2006, the designated accrediting entities will make public the names and addresses of agencies and persons that have applied to be accredited, temporarily accredited, or approved. The accrediting entities will also provide a mechanism for the public to comment on applicants, and will consider, where appropriate, comments received from the public in their accreditation, temporary accreditation, and approval decisions. The Department, in consultation with the designated accrediting entities, will subsequently establish and announce the deadline for initial accreditation or approval (the DIAA), the date by which the accreditation/approval process must be completed for an agency to be accredited, temporarily accredited, or approved at the time the Convention enters into force for the United States. Designated accrediting entities must use their best efforts to provide a reasonable opportunity for an agency or person that applied by the TAD to complete the accreditation or approval process by the DIAA. The accrediting entities will not publicly release their accreditation (including temporary accreditation) and approval decisions until the uniform notification date, the date when the accrediting entities notify all adoption service providers that applied by the TAD of their accreditation or approval decisions. Only those agencies and persons that are accredited, temporarily accredited, or approved by the DIAA will be included on the initial list of accredited and temporarily accredited agencies and approved persons that the Department will deposit with the Permanent Bureau of the Hague Conference on Private International Law. An agency or person may also apply for full accreditation (not temporary accreditation) or approval at any time after November 17, 2006 but such applicants may not be accredited or approved by the DIAA. Dated: September 29, 2006. Maura Harty, Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. E6-16502 Filed 10-4-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF STATE [Public Notice 5572] Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2008) Visa Program ACTION: Notice of registration for the Diversity Immigrant Visa Program. This public notice provides information on how to apply for the DV-2008 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(I) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)). Instructions for the 2008 Diversity Immigrant Visa Program (DV-2008) The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) that amended INA 203 provides for a class of immigrants known as “diversity immigrants.” Section 203(c) of the INA provides a maximum of up to 55,000 Diversity Visas
(DV)each fiscal year to be made available to persons from countries with low rates of immigration to the United States. The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated random lottery drawing chooses selectees for diversity visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the period of the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year. For DV-2008, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years (the term “country” in this notice includes countries, economies and other jurisdictions explicitly listed in this notice): Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify those who commit fraud for the purposes of illegal immigration or who submit multiple entries. Diversity Visa Registration Period Entries for the DV-2008 Diversity Visa Lottery must be submitted electronically between noon, Eastern Daylight Time
(EDT)(GMT-4), Wednesday, October 4, 2006 and noon, Eastern Standard Time
(EST)(GMT-5) Sunday, December 3, 2006. Applicants may access the Electronic Diversity Visa Entry Form (E-DV Entry Form) at *www.dvlottery.state.gov* during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in Web site delays. No entries will be accepted after noon, EST, on December 3, 2006. Requirements for Entry To enter the DV lottery, you must be a native of one of the listed countries. See “List of Countries by Region Whose Natives are Eligible.” In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2008 program. To enter the lottery, you must meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's *O*Net OnLine* database will be used to determine qualifying work experience. For more information about qualifying work experience, see: Frequently Asked Question #13. If you cannot meet these requirements, you should NOT submit an entry to the DV program. Procedures for Submitting an Entry to DV-2008 The Department of State will only accept completed Electronic Diversity Visa Entry Forms submitted electronically at *www.dvlottery.state.gov* during the registration period between noon, Eastern Daylight Time
(EDT)(GMT-4), Wednesday, October 4, 2006 and noon, Eastern Standard Time
(EST)(GMT-5) Sunday, December 3, 2006. All entries by an individual will be disqualified if more than ONE entry for that individual is received, regardless of who submitted the entry. You may prepare and submit your own entry, or have someone submit the entry for you. A successfully registered entry will result in the display of a confirmation screen containing your name, date of birth, country of chargeability, and a date/time stamp. You may print this confirmation screen for your records using the print function of your web browser. Paper entries will not be accepted. Your entry will be disqualified if all required photographs are not submitted. Recent photographs of the following people must be submitted electronically with the Electronic Diversity Visa Entry Form: You; your spouse; each unmarried child under 21 years of age, including all natural children as well as all legally-adopted children and stepchildren, even if a child no longer resides with you or you do not intend for a child to immigrate under the DV program. You do not need to submit a photo for a child who is already a U.S. citizen or a Legal Permanent Resident. Group or family photographs will not be accepted; there must be a separate photograph for each family member. Failure to submit the required photographs for your spouse and each child will result in an incomplete entry to the E-DV system. The entry will not be accepted and must be resubmitted. Failure to enter the correct photograph of each individual in the case into the E-DV system will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. A digital photograph (image) of you, your spouse, and each child must be submitted on-line with the E-DV Entry Form. The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner. Entries are subject to disqualification and visa refusal for cases in which the photographs are not recent or have been manipulated or fail to meet the specifications explained below. Instructions for Submitting a Digital Photograph (Image) The image file must adhere to the following compositional specifications and technical specifications and can be produced in one of the following ways: taking a new digital image or using a digital scanner to scan a submitted photograph. Compositional Specifications The submitted digital image must conform to the following compositional specifications or the entry will be disqualified: The person being photographed must directly face the camera; the head of the person should not be tilted up, down, or to the side; the head of the person should cover about 50% of the area of the photo; the photograph should be taken with the person in front of a neutral, light-colored background; dark or patterned backgrounds are not acceptable; the photo must be in focus; photos in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted; photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; photographs of applicants with tribal or other headgear not specifically religious in nature will not be accepted; photographs of military, airline, or other personnel wearing hats will not be accepted. Colored photographs in 24-bit color depth are preferred to black and white or gray scale pictures in 24-bit color depth. Photographs may be down loaded from a camera into a file in the computer or they may be scanned into a file in the computer. If you are using a scanner, the settings must be for True Color or 24-bit color mode. Colored photographs or black and white (or gray scale) must be scanned at this setting for the requirements of the DV program. For black and white or grey scale photographs scanned in 24-bit color mode, only three colors or image bands are used, and the results will still be black, white and gray. See the additional scanning requirements below. Technical Specifications The submitted digital photograph must conform to the following specifications or the system will automatically reject the E-DV Entry Form and notify the sender: When taking a new digital image: the image file format must be in the Joint Photographic Experts Group
(JPEG)format; it must have a maximum image file size of sixty-two thousand five hundred (62,500) bytes; the image resolution must be 320 pixels high by 240 pixels wide; the image color depth must be 24-bit color [ **Note:** Colored photographs are preferred, but black and white or grayscale photographs, if used, must be scanned in 24-bit color mode]. Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted. Before a photographic print is scanned it must meet the following specifications: The print size must be 2 inches by 2 inches (50mm × 50mm) square; a color image is preferred, however, a black and white or grayscale image may be used only with the 24-bit setting mode. The photographic print must also meet the compositional specifications. If the photographic print meets the print size, print color and compositional specifications, scan the print using the following scanner specifications: scanner resolution must be 150 dots per inch (dpi); the image file formant in Joint Photographic Experts Group
(JPEG)format; the maximum image file size will be sixty-two thousand five hundred (62,500) bytes; the image resolution at 300 by 300 pixels; the image color depth 24-bit color. Note that black and white or grayscale images must be used with 24-bit color depth. Monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted. Information Required for the Electronic Entry There is only one way to enter the DV-2008 lottery. Applicants must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at *www.dvlottery.state.gov* . Failure to complete the form in its entirety will disqualify the entry. Those who submit the E-DV entry will be asked to include the following information on the E-DV Entry Form. 1. Full Name—Last/Family Name, First Name, Middle name. 2. Date of Birth—Day, Month, Year. 3. Gender—Male or Female. 4. City Where You Were Born 5. Country Where You Were Born—The name of the country should be that which is currently in use for the place where you were born. 6. Country of Eligibility or Chargeability for The DV Program—Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review “Frequently Asked Question #1” of these instructions. 7. Entry Photograph(s)—See the technical information on photograph specifications. Make sure you include photographs of your spouse and all your children, if applicable. See: Frequently Asked Question #11. 8. Mailing Address—In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country. 9. Country Where You Live Today. 10. Phone Number (optional). 11. E-Mail Address (optional) 12. What is the highest level of education you have achieved, as of today? You must indicate which one of the following represents your own highest level of educational achievement:
(1)Primary school only,
(2)High school, no degree,
(3)High school degree,
(4)Vocational school,
(5)Some university courses,
(6)University degree,
(7)Some graduate level courses,
(8)Master degree,
(9)Some doctorate level courses, and
(10)Doctorate degree. 13. Marital Status—Unmarried, Married, Divorced, Widowed, Legally Separated 14. Number of Children: Entries must include the name, date and place of birth of your spouse and all natural children, as well as all legally-adopted children and stepchildren, who are unmarried and under the age of 21 (do not include children who are already U.S. citizens or Legal Permanent Residents), even if you are no longer legally married to the child's parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the diversity visa. Failure to list all children, who are eligible, will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See: Frequently Asked Question #11. 15. Spouse Information—Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. Failure to list your spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. 16. Children Information—Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #14 above. Selection of Applicants The computer will select at random individuals from among all qualified entries. They will be notified by mail between May and July 2007 and will be provided further instructions, including information on fees connected with immigration to the U.S. Those selected in the random drawing are NOT notified by e-mail. Those individuals NOT selected will NOT receive any notification. U.S. embassies and consulates will not be able to provide a list of successful entrants. Spouses and unmarried children under age 21 of successful entrants may also apply for visas to accompany or follow to join the principal applicant. DV-2008 visas will be issued between October 1, 2007 and September 30, 2008. Processing of entries and issuance of diversity visas to successful individuals and their eligible family members MUST occur by midnight on September 30, 2008. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow to join the principal applicant in their case in the U.S. after this date. In order to receive a Diversity Visa to immigrate to the United States, those chosen in the random drawing must meet all eligibility requirements under U.S. law. These requirements may significantly increase the level of scrutiny required and time necessary for processing of applicants for natives of some countries listed in this notice, including, but not limited to, countries identified as state sponsors of terrorism. Important Notice No fee is charged for the electronic lottery entry in the annual DV program. The U.S. Government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare DV entries do so without the authority or consent of the U.S. Government. Use of any outside intermediary or assistance to prepare a DV entry is entirely at the entrant's discretion. A qualified entry submitted electronically directly by an applicant has an equal chance of being selected by the computer at the Kentucky Consular Center, as does an entry submitted electronically through a paid intermediary who completes the entry for the applicant. Every entry received during the lottery registration period will have an equal random chance of being selected within its region. However, receipt of more than one entry per person will disqualify the person from registration, regardless of the source of the entry. Frequently Asked Questions About DV Registration 1. What do the terms “eligibility”, “native” and “chargeability” mean? Are there any situations in which persons who were not born in a qualifying country may apply? Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. Native ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act. For example, if you were born in a country that is not eligible for this year's DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the diversity visas. In a similar manner, a minor dependent child can be “charged” to a parent's country of birth. Finally, if you were born in a country not eligible to participate in this year's DV program, you can be “charged” to the country of birth of either of your parent as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government. If you claim alternate chargeability, you must indicate such information on the E-DV electronic online entry form, question #6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry. 2. Are there any changes or new requirements in the application procedures for this diversity visa registration? All DV-2008 lottery entries must be submitted electronically at *www.dvlottery.state.gov* during the registration period. No paper entries will be accepted. Several questions and options for answers have been added to DV-2008 to gather additional information, including: “What is the name of the country where you live today? And “What is the highest level of education you have achieved, as of today?” You must choose one of the ten options indicating the highest level of education you have achieved:
(1)Primary school only,
(2)High school, no degree,
(3)High school degree,
(4)Vocational school,
(5)Some university courses,
(6)University degree,
(7)Some graduate level courses,
(8)Master degree,
(9)Some doctorate level courses, and
(10)Doctorate degree. “Legally Separated” replaces the term “Separated” used in previous DV programs as an option under the question “What is your marital status?” Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative. 3. Are signatures and photographs required for each family member, or only for the principal entrant? Signatures are not required on the Electronic Diversity Visa Entry Form. Recent and individual photographs of you, your spouse and all children under 21 years of age are required. Family or group photographs are not accepted. See the information located in photograph requirements. 4. Why do natives of certain countries not qualify for the diversity program? Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of “high admission” countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery. Because there is a separate determination made before each annual E-DV entry period, the list of countries whose natives are not eligible may change from one year to the next. 5. What is the numerical limit for DV-2008? By law, the U.S. diversity immigration program makes available a maximum of 55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning as early as DV-1999, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. The actual reduction of the limit by up to 5,000 diversity visas began with DV-2000 and is likely to remain in effect through the DV-2008 program. 6. What are the regional diversity visa
(DV)limits for DV-2008? The U.S. Citizenship and Immigration Services (USCIS) determines the DV regional limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). Once the USCIS has completed the calculations, the regional visa limits will be announced. 7. When will entries for the DV-2008 program be accepted? The DV-2008 entry period will run throughthe registration period. Each year millions of people apply for the program during the registration period. The massive volume of entries creates an enormous amount of work in selecting and processing successful individuals. Holding the entry period during October, November, and December will ensure that selectees are notified in a timely manner, and gives both the visa applicants and our embassies and consulates time to prepare and complete cases for visa issuance. You are strongly encouraged to enter early in the registration period. Excessive demand at end of the registration period may slow the system down. No entries whatsoever will be accepted after noon EST Sunday, December 3, 2006. 8. May persons who are in the U.S. apply for the program? Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the United States or from abroad. 9. Is each applicant limited to only one entry during the annual E-DV registration period? Yes, the law allows only one entry by or for each person during each registration period. Individuals for whom more than one entry is submitted will be disqualified. The Department of State will employ sophisticated technology and other means to identify individuals who submit multiple entries during the registration period. People submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Individuals may apply for the program each year during the regular registration period. 10. May a husband and a wife each submit a separate entry? Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements. If either were selected, the other would be entitled to derivative status. 11. What family members must I include on my E-DV entry? On your entry you must list your spouse (husband or wife), and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age, whether they are your natural children, your spouse's children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program. The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. This only applies to those who were family members at the time the original application was submitted, not those acquired at a later date. Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family. See question #10 above. 12. Must I submit my own entry, or may someone act on my behalf? You may prepare and submit your own entry, or have someone submit the entry for you. Regardless of whether an entry is submitted by the individual directly, or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person and the entrant remains responsible for insuring that information in the entry is correct and complete. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry. 13. What are the requirements for education or work experience? The law and regulations require that every entrant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A “high school education or equivalent” is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of Labor's *O*Net OnLine* database will be used. What Occupations qualify for the Diversity Visa Program? The Department of Labor
(DOL)O*Net Online Database database groups job experience into five “job zones.” While many occupations are listed on the DOL Web site, only certain specified occupations qualify for the Diversity Visa Program. To qualify for a Diversity Visa on the basis of your work experience, you must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation
(SVP)range of 7.0 or higher. How Do I Find the Qualifying Occupations on the Department of Labor Web site? Qualifying DV Occupations are shown on the Department of Labor *O*Net Online Database.* Follow these steps to find out if your occupation qualifies: Select “Find Occupations” and then select a specific “Job Family.” For example, select Architecture and Engineering and click “GO.” Then click on the link for the specific Occupation. Following the same example, click Aerospace Engineers. After selecting a specific Occupation link, select the tab “Job Zone” to find out the designated Job Zone number and Specific Vocational Preparation
(SVP)rating range. 14. How will successful entrants be selected? At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the entrant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions. The Kentucky Consular Center will continue to process the case until those selected to be visa applicants are instructed to appear for visa interviews at a U.S. consular office, or until those qualifying to change status in the United States apply at a domestic USCIS office. Important Note: Notifications to those selected in the random lottery are not sent by E-mail. Should you receive an E-mail notification about your E-DV selection, be aware that the message is not legitimate. 15. May selectees adjust their status with USCIS? Yes, provided they are otherwise eligible to adjust status under the terms of Section 245 of the INA, selected individuals who are physically present in the United States may apply to the USCIS for adjustment of status to permanent resident. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2008, since on that date registrations for the DV-2008 program expire. No visa numbers for the DV-2008 program will be available after midnight on September 30, 2008 under any circumstances. 16. Will entrants who are not selected be informed? No, entrants who are not selected will receive no response to their entry. Only those who are selected will be informed. All notification letters are sent within five to seven months from the end of the application period to the address indicated on the entry. Since there is no notification provided to those not selected, anyone who does not receive a letter five to seven months from the end of the registration period should assume that his/her application has not been selected. 17. How many individuals will be selected? There are 50,000 DV visas available for DV-2008, but more than that number of individuals will be selected. Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas or pursue their cases to visa issuance, more than 50,000 entries will be selected by the Kentucky Consular Center to ensure that all of the available DV visas are issued. However, this also means that there will not be a sufficient number of visas for all those who are initially selected. All applicants who are selected will be informed promptly of their place on the list. Interviews for the DV-2008 program will begin in October 2007. The Kentucky Consular Center will send appointment letters to selected applicants four to six weeks before the scheduled interviews with U.S. consular officers at overseas posts. Each month visas will be issued, visa number availability permitting, to those applicants who are ready for issuance during that month. Once all of the 50,000 DV visas have been issued, the program for the year will end. In principle, visa numbers could be finished before September 2008. Selected applicants who wish to receive visas must be prepared to act promptly on their cases. Random selection by the Kentucky Consular Center computer as a selectee does not automatically guarantee that you will receive a visa. 18. Is there a minimum age for applicants to apply for the E-DV program? There is no minimum age to apply for the program, but the requirement of a high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18. 19. Are there any fees for the E-DV program? There is no fee for submitting an electronic lottery entry. DV applicants must pay all required visa fees at the time of visa application directly to the consular cashier at the embassy or consulate. Details of required diversity visa and immigration visa application fees will be included with the instructions sent by the Kentucky Consular Center to applicants who are selected. 20. Do DV applicants receive waivers of any grounds of visa ineligibility or receive special processing for a waiver application? No. Applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act. There are neither special provisions for the waiver of any ground of visa ineligibility other than those ordinarily provided in the Act nor special processing for waiver requests. 21. May persons who are already registered for an immigrant visa in another category apply for the dv program? Yes, such persons may apply for the DV program. 22. How long do applicants who are selected remain entitled to apply for visas in the DV category? Persons selected in the DV-2008 lottery are entitled to apply for visa issuance only during fiscal year 2008, from October 1, 2007 through September 30, 2008. Applicants must obtain the DV visa or adjust status by the end of the fiscal year. There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas during FY-2008. Also, spouses and children who derive status from a DV-2008 registration can only obtain visas in the DV category between October 2007 and September 2008. Applicants who apply overseas will receive an appointment letter from the Kentucky Consular Center four to six weeks before the scheduled appointment. 23. If an E-DV selectee dies, what happens to the DV case? The death of an individual selected in the lottery results in automatic revocation of the DV case. Any eligible spouse and/or children are no longer entitled to the DV visa, for that entry. 24. When will E-DV online be available? Online entry will be available during the registration period beginning at noon EDT (GMT-4) on October 4, 2006 and ending at noon EST (GMT-5) on December 3, 2006. 25. Will I be able to download and save the E-DV entry form to a microsoft word program (or other suitable program) and then fill it out? No, you will not be able to save the form into another program for completion and submission later. The E-DV Entry Form is a Web form only. This makes it more “universal” than a proprietary word processor format. Additionally, it does require that the information be filled in and submitted while on-line. 26. If I don't have access to a scanner, can I send photographs to my relative in the U.S. to scan the photographs, save the photographs to a diskette, and then mail the diskette back to me to apply? Yes, this can be done as long as the photograph meets the photograph requirements in the instructions, and the photograph is electronically submitted with, and at the same time the E-DV online entry is submitted. The applicants must already have the scanned photograph file when they submit the entry on-line. The photograph cannot be submitted separate from the online application. Only one on-line entry by or for each person can be submitted. Multiple submissions will disqualify the entry for that person for DV-2008. The entire entry (photograph and application together) can be submitted electronically from the United States or from overseas. 27. Can I save the form on-line so that I can fill out part and then come back later and complete the remainder? No, this cannot be done. The E-DV Entry Form is designed to be completed and submitted at one time. However, because the form is in two parts, and because of possible network interruptions and delays, the E-DV system is designed to permit up to sixty
(60)minutes between the downloading of the form and when the entry is received at the E-DV Web site after being submitted online. If more than sixty minutes elapses and the entry has not been electronically received, the information already received is discarded. This is done so that there is no possibility that a full entry could accidentally be interpreted as a duplicate of a previous partial entry. For example, suppose an applicant with a wife and child sends a filled in E-DV Entry Form Part One and then receives Form Part Two, but there is a delay before sending Part Two because of trouble finding the file that holds the child's photograph. If the filled in Form Part Two is sent by the applicant and received by the E-DV Web site within sixty
(60)minutes, there is no problem. However, if the Form Part Two is received after sixty
(60)minutes have elapsed, the applicant will be informed that he or she must start the entire entry from the beginning. The DV-2008 instructions explain clearly and completely what information is required to fill in the form. This way you can be fully prepared, making sure you have all of the information needed, before you start to complete the form on-line. 28. If the submitted digital images do not conform to the specifications, the procedures state that the system will automatically reject the E-DV entry form and notify the sender. Does this mean I will be able re-submit my entry? Yes, the entry can be resubmitted. Since the entry was automatically rejected, it was not actually considered as submitted to the E-DV Web site. It does not count as a submitted E-DV entry, and no confirmation notice of receipt is sent. If there are problems with the digital photograph sent, because it does not conform to the requirements, it is automatically rejected by the E-DV Web site. However, the amount of time it takes the rejection message to reach the sender is unpredictable due to the nature of the Internet. If the problem can be fixed by the applicant, and the Form Part One or Two is resent within sixty
(60)minutes, there is no problem. Otherwise the submission process will have to be started over. An applicant can try to submit an application as many times as is necessary until a complete application is received and the confirmation notice sent. 29. Will the electronic confirmation notice that the completed E-DV entry form has been received through the online system be sent immediately after submission? The response from the E-DV Web site which contains confirmation of the receipt of an acceptable E-DV Entry Form is sent by the E-DV Web site immediately. However, how long it takes the response to reach the sender is unpredictable due to the nature of the Internet. If many minutes have elapsed since pressing the ‘Submit' button, there is no harm in pressing the ‘Submit' button a second time. The E-DV system will not be confused by a situation where the ‘Submit' button is hit a second time, because no confirmation response has been received. An applicant can try to submit an application as many times as is necessary until a complete application is received and the confirmation notice sent. 30. How will I know if the notification of selection that I have received is authentic? How can I confirm that I have in fact been chosen in the random DV lottery? After the individuals have been selected at random from among all qualified entries through the State Department E-DV lottery computer program, they will NOT be notified by e-mail. Those selected will be notified only by letter through the mail between May and July 2007 at the addresses listed on their E-DV entry. Only the randomly selected individuals will be notified. Persons not selected will NOT receive any notification. U.S. embassies and consulates will NOT be able to provide a list of those selected to continue the visa process. Kentucky Consular Center
(KCC)will send the letters notifying those selected. These letters will contain instructions for the visa application process. The instructions say the selected applicants will pay all diversity and immigrant visa fees in person only at the U.S. Embassy or Consulate at the time of the visa application. The Consular Cashier or Consular Officer immediately gives the visa applicant a U.S. Government receipt for payment. You should never send money for DV fees through the mail, through Western Union, or any other delivery service. The E-DV lottery entries are made on the Internet, on the official U.S. Government E-DV Web site at *www.dvlottery.state.gov.* KCC sends only letters to the selected applicants. KCC, consular offices, or the U.S. Government have never sent e-mails to notify selected individuals, and there are no plans to use e-mail for this purpose for the DV-2008 program. The Department of State, Visa Services advises the public that only Internet sites including the “.gov” indicator are official government Web sites. Many other non-governmental Web sites (e.g., using the suffixes “.com” or “.org” or “.net”) provide legitimate and useful immigration and visa related information and services. Regardless of the content of non-governmental Web sites, the Department of State does not endorse, recommend or sponsor any information or material shown at these other Web sites. Some Web sites may try to mislead customers and members of the public into thinking they are official Web sites and may contact you by e-mail to lure you to their offers. These Web sites may attempt to require you to pay for services such as forms and information about immigration procedures, which are otherwise free on the Department of State Visa Services Web site, or overseas through the Embassy Consular Section Web sites. Additionally, these other Web sites may require you to pay for services you will not receive, often including diversity immigration application and visa fees in an effort to outright steal your money. Once you send money in one of these scams, you will never see it again. Also, you should be wary of sending any personal information that might be used for identity fraud/theft to these Web sites. 31. How do I report Internet fraud or unsolicited e-mail? If you wish to file a complaint about Internet fraud, please see the *econsumer.gov* Web site, hosted by the Federal Trade Commission, which is a joint effort of consumer protection agencies from 17 nations at *http://www.econsumer.gov/english/* or go to the Federal Bureau of Investigation
(FBI)*Internet Crime Complaint Center or IC3* . To file a complaint about unsolicited e-mail, contact *Department of Justice contact us page.* List of Countries by Region Whose Natives Are Eligible for DV-2008 The lists below show the countries whose natives are eligible for DV-2008 within each geographic region for this diversity program. The determination of countries within each region is based on information provided by the Geographer of the Department of State. The countries whose natives are not eligible for the DV-2008 program were identified by the U.S. Citizenship and Immigration Services (USCIS) according to the formula in Section 203(c) of the Immigration and Nationality Act. Dependent areas overseas are included within the region of the governing country. The countries whose natives are NOT eligible for this diversity program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration, or “high admission” countries) are noted after the respective regional lists. List of Countries by Region Whose Natives Are Eligible for DV-2008 Africa Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Chad Comoros Congo Congo, Democratic Republic of the Cote D'Ivoire (Ivory Coast) Djibouti Egypt Equatorial Guinea Eritrea Ethiopia Gabon Gambia, The Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe List of Countries by Region Whose Natives Are Eligible for DV-2008 Asia Afghanistan Bahrain Bangladesh Bhutan Brunei Burma Cambodia East Timor Hong Kong Special Administrative Region Indonesia Iran Iraq Israel Japan Jordan Kuwait Laos Lebanon Malaysia Maldives Mongolia Nepal North Korea Oman Qatar Saudi Arabia Singapore Sri Lanka Syria Taiwan Thailand United Arab Emirates Yemen Natives of the following Asian countries are not eligible for this year's diversity program: China [mainland-born], India, Pakistan, South Korea, Philippines, and Vietnam. The Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below. List of Countries by Region Whose Natives Are Eligible for DV-2008 Europe Albania Andorra Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark (including components and dependent areas overseas) Estonia Finland France (including components and dependent areas overseas) Georgia Germany Greece Hungary Iceland Ireland Italy Kazakhstan Kyrgyzstan Latvia Liechtenstein Lithuania Luxembourg Macau Special Administrative Macedonia, the Former Yugoslav Republic Malta Moldova Monaco Montenegro Netherlands (including components and dependent areas overseas) Northern Ireland Norway Portugal (including components and dependent areas overseas) Romania San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland Tajikistan Turkey Turkmenistan Ukraine Uzbekistan Vatican City Natives of the following European countries are not eligible for this year's diversity program: Great Britain, Poland and Russia. Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands. Note that for purposes of the diversity program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas. List of Countries by Region Whose Natives Are Eligible for DV-2008 North America The Bahamas In North America, natives of Canada and Mexico are not eligible for this year's diversity program. Oceania Australia (including components and dependent areas overseas) Fiji Kiribati Marshall Islands Micronesia, Federated States of Nauru New Zealand (including components and dependent areas overseas) Palau Papua New Guinea Samoa Solomon Islands Tonga Tuvalu Vanuatu South America, Central America, and the Caribbean Antigua and Barbuda Argentina Barbados Belize Bolivia Chile Costa Rica Cuba Dominica Ecuador Grenada Guatemala Guyana Honduras Nicaragua Panama Paraguay Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago Uruguay Venezuela Countries in this region whose natives are not eligible for this year's diversity program: Brazil, Colombia, Dominican Republic, El Salvador, Haiti, Jamaica, Mexico, and Peru. Dated: September 29, 2006. Maura Harty, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E6-16505 Filed 10-4-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Henderson and Buncombe Counties, North Carolina AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent; correction. SUMMARY: This document corrects three typographical errors in the FHWA's notice of intent, published on June 7, 2006, at 71 FR 33033. The notice of intent advises the public that an Environmental Impact Statement
(EIS)will be prepared for a road widening project in Henderson and Buncombe Counties, North Carolina. There were two typographical errors in the SUMMARY section and the incorrect route number appeared in the SUPPLEMENTARY INFORMATION section. This notice provides the correct information. FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P.E., Operations Engineer,
(919)856-4350, ext. 133, Federal Highway Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 27601-1418; or Mr. Joseph S. Qubain, Project Manager,
(919)733-7844, ext. 209, North Carolina Department of Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North Carolina 27699-1548. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded using a modem and suitable communications software from the **Federal Register** Electronic Bulletin Board Service at
(202)512-1661. Internet users may reach the **Federal Register** 's home page at: *http://www.nara.gov/fedreg* and the Government Printing Office's database at: * http://www.access.gpo.gov/nara.* Background On June 7, 2006, at 71 FR 33033, the FHWA issued a notice of intent regarding an EIS for a road widening project in North Carolina. The June 7, 2006 notice contained three typographical errors. The purpose of this notice is to correct these errors. First, in the SUMMARY section the word “advice” should be “advise”. Second, in the SUMMARY section, the word “multi-land” should be “multi-lane”. Finally, in the SUPPLEMENTARY INFORMATION section the route, “NC 255” should read “NC 225”. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Issued on: September 29, 2006. Clarence W. Coleman, P.E., Operations Engineer, Raleigh, North Carolina. [FR Doc. E6-16480 Filed 10-4-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Public Meeting With Public and Agencies Interested in the Corridor Improvement Project on State Route 76 in San Diego County, California AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of meeting pursuant to 40 CFR part 1500. SUMMARY: The Federal Highway Administration
(FHWA)and California Department of Transportation (Caltrans) in cooperation with the Army Corps of Engineers are proposing a corridor improvement project on State Route 76 from Melrose Drive in Oceanside to South Mission Road in Bonsall, California. Caltrans has initiated the required environmental documentation process to analyze potential effects the proposed project alternatives may have on the environment. This notice is to inform you of the scheduled public scoping meeting. The public meeting will provide you an opportunity to review and discuss proposed project features. Caltrans will consider substantive comments provided and incorporate necessary changes into the ongoing documentation effort. The public meeting will not have a formal presentation. This will be an “Open House” format where there will be the opportunity to speak directly with Caltrans representatives about the project and its environmental impacts. All substantive comments will be addressed in the Draft Environmental Document. Comments will become part of the public record and may be submitted at the meeting via the comment sheets provided, mailed, or submitted verbally to the stenographer. Information for your review and comment will include corridor mapping, a project fact sheet, an aerial photo simulation, and other project information to be provided by Caltrans specialist staff. DATES: The meeting will be held on Wednesday, October 18, 2006 from 5 p.m. to 8 p.m. ADDRESSES: The meeting will be held at the Bonsall Middle School, 31505 Old River Road, Bonsall, California. FOR FURTHER INFORMATION CONTACT: Steve Healow, FHWA-CADIV Project Development Engineer, at
(916)498-5849; Mark Phelan, Caltrans Project Manager, at
(619)688-6803, or Debra Soifer, Caltrans Associate Environmental Planner, at
(619)688-3106. For general information about transportation issues, please call the Caltrans Public Information Office at
(619)688-6670. SUPPLEMENTARY INFORMATION: Individuals who require special accommodation (American Sign or Foreign Language interpreter, accessible seating, documentation in alternate formats, *etc.* ) are requested to contact the District 11 Public Information Office at
(619)688-6670 at least 14 days prior to the scheduled meeting date. TDD users may contact the California Relay Service TDD line at 1-800-735-2929 or 619/688-3214. Dated: September 27, 2006. Lisa Cathcart-Randall, Senior Transportation Specialist, Federal Highway Administration, Sacramento, California. [FR Doc. 06-8496 Filed 10-4-06; 8:45 am]
Connectionstraces to 15
Traces to 15 documents
CFR
- Notice for public comment; State consultation.§ 50.91
- Technical specifications.§ 50.36
- Changes, tests, and experiments.§ 50.59
- Conditions of construction permits, early site permits, combined licenses, and manufacturing licenses.§ 50.55
- Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review.§ 51.22
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- First-time application procedures for accreditation and approval.§ 96.19
- Diversity immigrants.§ 42.33
8 references not yet in our index
- 10 CFR 20
- Pub. L. 104-13
- 17 CFR 240.15
- 17 CFR 242.781
- 17 CFR 240.19
- 22 CFR 96.95
- Pub. L. 101-649
- 40 CFR 1500
Citation graph
cites case law
Notices
Request for comment
Cite10 CFR 20
Pub. L.Pub. L. 104-13
Cite17 CFR 240.15
Cites 23 · showing 12Cited by 0 across 0 sources