67196 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

requirements would cause the licensee 

to be in violation of the provisions of 

any Commission regulation or the 

facility license. The notification shall 

provide the licensee’s justification for 

seeking relief from or variation of any 

specific requirement. 

2. If OPPD considers that 

implementation of any of the 

requirements described in Attachment 1 

to this Order would adversely impact 

the safe storage of spent fuel, OPPD 

must notify the Commission, within 

twenty (20) days of this Order, of the 

adverse safety impact, the basis for its 

determination that the requirement has 

an adverse safety impact, and either a 

proposal for achieving the same 

objectives specified in the Attachment 1 

requirement(s) in question, or a 

schedule for modifying the facility to 

address the adverse safety condition. If 

neither approach is appropriate, OPPD 

must supplement its response to 

Condition B.1 of this Order to identify 

the condition as a requirement with 

which it cannot comply, with attendant 

justifications as required in Condition 

B.1. 

C.1. OPPD shall, within twenty (20) 

days of the date of this Order, submit to 

the Commission, a schedule for 

achieving compliance with each 

requirement described in Attachment 1. 

2. OPPD shall report to the 

Commission when they have achieved 

full compliance with the requirements 

described in Attachment 1. 

D. Notwithstanding the provisions of 

10 CFR 72.212(b)(5), all measures 

implemented or actions taken in 

response to this Order shall be 

maintained until the Commission 

determines otherwise. 

OPPD’s responses to Conditions B.1, 

B.2, C.1, and C.2, shall be submitted in 

accordance with 10 CFR 72.4. In 

addition, submittals that contain 

Safeguards Information shall be 

properly marked and handled in 

accordance with 10 CFR 73.21. 

The Director, Office of Nuclear 

Material Safety and Safeguards may, in 

writing, relax or rescind any of the 

above conditions upon demonstration 

by OPPD of good cause. 

IV 

In accordance with 10 CFR 2.202, 

OPPD must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order, and 

may request a hearing on this Order, 

within twenty (20) days of the date of 

this Order. Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time in which to submit 

an answer or request a hearing must be 

made in writing to the Director, Office 

of Nuclear Material Safety and 

Safeguards, and the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. The answer may 

consent to this Order. Unless the answer 

consents to this Order, the answer shall, 

in writing and under oath or 

affirmation, specifically set forth the 

matters of fact and law on which the 

licensee or other person adversely 

affected relies and the reasons as to why 

the Order should not have been issued. 

Any answer or request for a hearing 

shall be submitted to the Secretary, 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, ATTN: Rulemakings and 

Adjudications Staff, Washington, DC 

20555. Copies also shall be sent to the 

Director, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555; to the Director, Office of 

Enforcement at the same address; to the 

Assistant General Counsel for Materials 

Litigation and Enforcement at the same 

address, to the Regional Administrator 

for NRC Region IV, at 611 Ryan Plaza, 

Suite 400, Arlington, TX 76011–8064; 

and to the licensee if the answer or 

hearing request is by a person other than 

the licensee. Because of potential 

disruptions in delivery of mail to United 

States Government offices, it is 

requested that answers and requests for 

hearing be transmitted to the Secretary 

of the Commission, either by means of 

facsimile transmission to 301–415–

1101, or by e-mail to 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel, either by 

means of facsimile transmission to 301–

415–3725, or by e-mail to 

OGCMailCenter@nrc.gov. If a person 

other than OPPD requests a hearing, that 

person shall set forth with particularity 

the manner in which his interest is 

adversely affected by this Order and 

shall address the criteria set forth in 10 

CFR 2.714(d). 

If a hearing is requested by OPPD or 

a person whose interest is adversely 

affected, the Commission will issue an 

Order designating the time and place of 

any hearing. If a hearing is held, the 

issue to be considered at such a hearing 

shall be whether this Order should be 

sustained. 

Pursuant to 10 CFR 2.202(c)(2)(i), 

OPPD may, in addition to demanding a 

hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the grounds that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence but on mere suspicion, 

unfounded allegations, or error. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section III above shall be final twenty 

(20) days from the date of this Order 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section III shall 

be final when the extension expires if a 

hearing request has not been received. 

An answer or a request for hearing shall 

not stay the immediate effectiveness of 

this order.

Dated this 9th day of November 2004.

For the Nuclear Regulatory Commission. 

Margaret V. Federline, 

Deputy Director, Office of Nuclear Material 

Safety and Safeguards.

[FR Doc. 04–25361 Filed 11–15–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear 

Regulatory Commission.

DATES: Weeks of November 15, 22, 29, 

December 6, 13, 20, 2004.

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED: 

Week of November 15, 2004

Tuesday, November 16, 2004

1:30 p.m. Briefing on Threat 

Environment Assessment (Closed—

Ex. 1). 

Thursday, November 18, 2004

1:30 p.m. Discussion of Security Issues 

(Closed—Ex. 1). 

Week of November 22, 2004—Tentative 

There are no meetings scheduled for 

the week of November 22, 2004. 

Week of November 29, 2004—Tentative 

There are no meetings scheduled for 

the week of November 29, 2004. 

Week of December 6, 2004—Tentative 

Tuesday, December 7, 2004

9:30 a.m. Briefing on Equal 

Employment Opportunity (EEO) 

Program (Public Meeting) (Contact: 

Corenthis Kelley, (301) 415–7380). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67197

Wednesday, December 8, 2004

1 p.m. Briefing on Status of Davis 

Besse Lessons Learned Task Force 

Recommendations (Public Meeting) 

(Contact: John Jolicoeur, (301) 415–

1724). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Thursday, December 9, 2004

2 p.m. Briefing on Reactor Safety and 

Licensing Activities (Public 

Meeting) (Contact: Steve Koenick, 

301–415–1239). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Week of December 13, 2004—Tentative 

Tuesday, December 14, 2004

1 p.m. Briefing on Emergency 

Preparedness Program Initiatives 

(Public Meeting) (Contact: Nader 

Mamish, (301) 415–1086). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

2 p.m. Briefing on Emergency 

Preparedness Program Initiatives 

(Closed—Ex. 1). 

Week of December 20, 2004—Tentative 

There are no meetings scheduled for 

the Week of December 20, 2004. 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Dave Gamberoni, (301) 415–1651. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/what-we-do/

policy-making/schedule.html.

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g.,

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

August Spector, at 301–415–7080, TDD: 

301–415–2100, or by e-mail at 

aks@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

This notice is distributed by mail to 

several hundred subscribers; if you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to dkw@nrc.gov.

Dated: November 10, 2004. 

Dave Gamberoni, 

Office of the Secretary.

[FR Doc. 04–25503 Filed 11–12–04; 1:32 pm] 

BILLING CODE 7590–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549.

Extension:

Form 3, OMB Control No. 3235–0104, SEC 

File No. 270–125. 

Form 4, OMB Control No. 3235–0287, SEC 

File No. 270–126. 

Form 5, OMB Control No. 3235–0362, SEC 

File No. 270–323.

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

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

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

requests for extension of the previously 

approved collections of information 

discussed below. 

Exchange Act Forms 3, 4, and 5 are 

filed by insiders of public companies 

that have a class of securities registered 

under Section 12 of the Exchange Act. 

Form 3 is an initial statement of 

beneficial ownership of securities, Form 

4 is a statement of changes in beneficial 

ownership of securities and Form 5 is 

an annual statement of beneficial 

ownership of securities. Approximately 

29,000 insiders file Form 3 annually and 

it takes approximately .50 hours to 

prepare for a total of 14,500 annual 

burden hours. Approximately 225,000 

insiders file Form 4 annually and it 

takes approximately .50 hours to 

prepare for a total of 112,500 annual 

burden hours. Approximately 12,000 

insiders file Form 5 annually and it 

takes approximately one hour to prepare 

for a total of 12,000 annual burden 

hours. Form 3, Form 4, and Form 5 

information collections are mandatory 

and available to the public. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Written comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission: drostker@omb.eop.gov,

and (ii) R. Corey Booth, Director/Chief 

Information, Office of Information 

Technology, Securities and Exchange 

Commission, 450 Fifth Street, NW., 

Washington, DC 20549. Comments must 

be submitted to OMB within 30 days of 

this notice.

Dated: November 5, 2004. 

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–25383 Filed 11–15–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549.

Extension: 

Regulation S—OMB Control No. 3235–

0357—SEC File No. 270–315; 

Rule 13e–3 (Schedule 13E–3)—OMB 

Control No. 3235–0007—SEC File No. 

270–1.

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

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

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

requests for extension of the previously 

approved collections of information 

discussed below. 

Regulation S (OMB Control No. 3235–

0357; SEC File No. 270–315) includes 

rules governing offers and sales of 

securities made outside the United 

States without registration under the 

Securities Act of 1933. The purpose of 

Regulation S is to provide clarification 

of the extent to which Section 5 of the 

Securities Act applies to sales and resales of securities outside of the United 

States. Regulation S is assigned one 

burden hour for administrative 

convenience. 

Rule 13e–3 and Schedule 13E–3 

(OMB Control No. 3235–0007; SEC File 

No. 270–1)—Rule 13e–3 prescribes the 

filing, disclosure and dissemination 

requirements in connection with a going 

private transaction by an issuer or an 

affiliate. Schedule 13E–3 provides 

shareholders and the marketplace with 

information concerning going private 

transactions that is important in 

determining how to respond to such 

transactions. The information collected 

permits verification of compliance with 

securities laws requirements and