Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 59971

For further details with respect to this 

action, see the application for 

amendment dated September 30, 2004, 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, Public File Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible 

electronically from the ADAMS Public 

Electronic Reading Room on the Internet 

at the NRC Web site http://www.nrc.gov/

reading-rm.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS, should 

contact the NRC PDR Reference staff by 

telephone at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 30th day 

of September 2004.

For the Nuclear Regulatory Commission. 

Mohan C. Thadani, 

Senior Project Manager, Section 1, Project 

Directorate IV, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 04–22402 Filed 10–5–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[DOCKET NO. 050–213] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact For Exemption From 

Certain Control and Tracking 

Requirements in 10 CFR Part 20, 

Appendix G, Section III.E for 

Connecticut Yankee Atomic Power 

Company, East Hampton, CT

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of availability.

FOR FURTHER INFORMATION CONTACT:

Theodore B. Smith, Project Manager, 

Decommissioning Directorate, Division 

of Waste Management and 

Environmental Protection, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Rockville, Maryland, 20852. Telephone: 

(301) 415–6721; fax number: (301) 415–

5397; e-mail: tbs1@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is considering the issuance of an 

exemption from certain requirements in 

10 CFR Part 20 for Connecticut Yankee 

Atomic Power Company to relax certain 

control tracking requirements related to 

transportation of low-level radioactive 

waste from the Haddam Neck Plant 

(HNP) in East Hampton, Connecticut. 

The HNP site consists of one 

permanently shutdown nuclear reactor 

facility located near East Hampton, 

Connecticut. Inherent to the 

decommissioning process, large 

volumes of slightly contaminated rubble 

and debris are generated and require 

disposal. On June 1, 2004, Connecticut 

Yankee Atomic Power Company 

(CYAPCO, the licensee) requested an 

exemption from the requirements in 10 

CFR Part 20, Appendix G Section III.E 

to investigate and file a report to the 

NRC if shipments of low-level 

radioactive waste are not acknowledged 

by the intended recipient within 20 

days after transfer to the shipper. This 

exemption would extend the time 

period that can elapse during shipments 

of low-level radioactive waste before the 

licensee is required to investigate and 

file a report to the NRC from 20 days to 

35 days. The exemption request is based 

on a statistical analysis of the historical 

data of low-level radioactive waste 

shipment times from the licensee’s site 

to the disposal site using truck or 

combination truck/rail shipping 

methods. NRC has prepared an 

Environmental Assessment (EA) in 

support of this amendment in 

accordance with the requirements of 10 

CFR Part 51. Based on the EA, the NRC 

has concluded that a Finding of No 

Significant Impact (FONSI) is 

appropriate. The exemption will be 

issued following the publication of this 

Notice. 

II. EA Summary 

The purpose of the proposed action is 

to authorize an exemption to extend the 

20-day investigation and reporting 

requirements for shipments of low-level 

radioactive waste to 35 days from the 

licensee’s East Hampton, Connecticut 

facility. Specifically, since 2003, the 

licensee has made over 40 shipments of 

low-level radioactive waste as part of 

the decommissioning efforts at the 

facility. MHF Logistical Solutions 

(MHF) is the carrier company used by 

the licensee to perform these shipments. 

MHF has a tracking system that 

monitors the progress of the shipments 

from their originating point at HNP until 

they arrive at their final destination at 

Envirocare in Clive, Utah. The 

shipments are made by either truck or 

combination truck/rail. According to the 

licensee, the transportation time alone 

by either truck or combination truck/rail 

took over 21 days on average, with one 

shipment taking 25 days to arrive at 

Envirocare. 

In addition to this time, 

administrative procedures at Envirocare 

and mail delivery could add up to 4 

additional days. Based on historical data 

and estimates of the remaining waste at 

HNP, the licensee could have to perform 

over 400 investigations and reports to 

the NRC during the next three years, if 

the 20-day shipping criteria is 

maintained. The licensee affirms that 

the low-level radioactive waste 

shipments are tracked throughout 

transportation until they arrive at their 

intended destination. The licensee 

believes that the need to investigate, 

trace, and report to the NRC on the 

shipment of low-level radioactive waste 

packages not reaching their destination 

within 20 days does not serve the 

underlying purpose of the rule and it is 

not necessary. As a result, the licensee 

states that granting this exemption will 

not result in an undue hazard to life or 

property. 

The staff has prepared the EA in 

support of the proposed license 

amendment. The NRC has examined the 

licensee’s proposed exemption request 

and concluded that it is procedural and 

administrative in nature. There are no 

significant radiological environmental 

impacts associated with this exemption, 

and it will not result in significant 

nonradiological environmental impacts. 

III. Finding of No Significant Impact 

On the basis of the EA, NRC has 

concluded that there are no significant 

environmental impacts from the 

proposed amendment and has 

determined not to prepare an 

environmental impact statement. 

IV. Further Information 

Documents related to this action, 

including the application for exemption 

and supporting documentation, are 

available electronically at the NRC’s 

Electronic Reading Room at http://

www.nrc.gov/reading-rm/adams.html. 

From this site, you can access the NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The ADAMS 

accession numbers for the documents 

related to this notice are: (1) The 

licensee’s exemption request letter 

dated June 1, 2004, is ML041680573, 

and (2) the EA is ML042370633. If you 

do not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC’s Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

59972 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

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

2 17 CFR 240.19b–4.

3See letter from Patricia Albrecht, Assistant 

General Counsel, NASD, to Katherine A. England, 

Assistant Director, Division of Market Regulation, 

Commission, dated September 23, 2004 

(‘‘Amendment No. 1’’).

4See Exchange Act Release No. 49883, 69 FR 

35092 (June 23, 2004) (order approving NASD’s 

proposed rule change); Exchange Act Release No. 

49882 (June 17, 2004), 69 FR 35108 (June 23, 2004) 

(order approving NYSE’s proposed rule change).

reproduction contractor will copy 

documents for a fee.

Dated at Rockville, Maryland this 30th day 

of September 2004. 

For the Nuclear Regulatory Commission. 

Daniel M. Gillen, 

Deputy Director , Decommissioning 

Directorate, Division of Waste Management 

and Environmental Protection, Office of 

Nuclear Material Safety and Safeguards.

[FR Doc. 04–22403 Filed 10–5–04; 8:45 am] 

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549.

Extension: 

Rule 54, SEC File No. 270–376, OMB 

Control No. 3235–0427.

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Sections 32 and 33 of the Public 

Utility Holding Company Act of 1935, 

as amended (‘‘Act’’), and rules 53 and 

54 under the Act, permit, among other 

things, utility holding companies 

registered under the Act to make direct 

or indirect investments in exempt 

wholesale generators (‘‘EWGs’’) and 

foreign utility companies (‘‘FUCOs’’), as 

defined in sections 32 and 33 of the Act, 

respectively, without the prior approval 

of the Commission, if certain conditions 

are met. Rules 53 and 54 do not create 

a reporting burden for respondents. Rule 

53 does, however, contain 

recordkeeping and retention 

requirements. As required by Congress, 

the Commission mandates the 

maintenance of certain books and 

records identifying investments in and 

earnings from all subsidiary EWGs or 

FUCOs in order to measure their 

financial effect on the registered 

systems. 

The Commission estimates that the 

total annual recordkeeping and record 

retention burden under rules 53 will be 

a total of 290 hours (10 hours per 

respondent × 29 respondents = 290 

burden hours). It is estimated that there 

will be no burden hours associated with 

rule 54. 

These estimates of average burden 

hours are made solely for the purposes 

of the Paperwork Reduction Act and are 

not derived from a comprehensive or 

even a representative survey or study of 

the costs of SEC rules and forms. 

Written comments are invited on: (1) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (3) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (4) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology. Consideration will be given 

to comments and suggestions submitted 

in writing within 60 days of this 

publication. 

Please direct your written comments 

to R. Corey Booth, Director/Chief 

Information Officer, Office of 

Information Technology, Securities and 

Exchange Commission, 450 5th Street, 

NW., Washington, DC 20549.

Dated: September 28, 2004. 

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2498 Filed 10–5–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50477; File No. SR–NASD–

2004–116] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval to Proposed 

Rule Change and Amendment No. 1 by 

National Association of Securities 

Dealers, Inc. Relating to Supervisory 

Control and Inspection Procedures 

September 30, 2004. 

Pursuant to section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’)1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 2, 

2004, the National Association of 

Securities Dealers, Inc. (‘‘NASD’’), filed 

with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared by NASD. On 

September 23, 2004, NASD submitted 

Amendment No. 1 to the proposed rule 

change.3 The Commission is publishing 

this notice to solicit comments on the 

proposed rule change and Amendment 

No. 1 from interested persons. For the 

reasons discussed below, the 

Commission is granting accelerated 

approval to the proposed rule change, as 

modified by Amendment No. 1.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NASD is proposing to amend NASD 

Rules 3010 and 3012, with the intention 

of aligning certain supervisory control 

and inspection requirements with the 

corresponding supervisory control and 

inspection requirements in New York 

Stock Exchange (‘‘NYSE’’) Rule 342.19 

and NYSE Interpretation Handbook 

provision 342(a)(b)/03. NASD is also 

proposing several amendments to NASD 

Rule 22510, relating to discretionary 

accounts, that NASD states are nonsubstantive and technical. The SEC 

approved these rules in their current 

form on June 17, 2004.4 Below is the 

text of the proposed rule change, as 

modified by Amendment No. 1. 

Proposed new language is in italics; 

proposed deletions are in brackets.

* * * * *

2510. Discretionary Accounts 

(a) through (c) No Change. 

(d) Exceptions 

This Rule shall not apply to: 

(1) discretion as to the price at which 

or the time when an order given by a 

customer for the purchase or sale of a 

definite amount of a security shall be 

executed, except that the authority to 

exercise time and price discretion will 

be considered to be in effect only until 

the end of the business day on which 

the customer granted such discretion, 

absent a specific, written contrary 

indication signed and dated by the 

customer. This limitation shall not 

apply to time and price discretion 

exercised [for orders effected with or 

for] in an institutional account, as 

defined in Rule 3110(c)(4), pursuant to 

valid Good-Till-Cancelled instructions 

issued on a ‘‘not-held’’ basis. Any 

exercise of time and price discretion