6006 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

determination by the Department of 

Commerce that imports of THFA from 

China are being sold in the United 

States at less than fair value within the 

meaning of section 733 of the Act (19 

U.S.C. 1673b). The investigation was 

requested in a petition filed on June 23, 

2003 by Penn Specialty Chemicals, Inc., 

Plymouth Meeting, PA. 

Participation in the investigation and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of this 

investigation as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigation need not file an additional 

notice of appearance during this final 

phase. The Secretary will maintain a 

public service list containing the names 

and addresses of all persons, or their 

representatives, who are parties to the 

investigation. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of this 

investigation available to authorized 

applicants under the APO issued in the 

investigation, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigation. A party 

granted access to BPI in the preliminary 

phase of the investigation need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the final phase of this 

investigation will be placed in the 

nonpublic record on March 30, 2004, 

and a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of this investigation beginning at 

9:30 a.m. on April 13, 2004 at the U.S. 

International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before April 5, 2004. A nonparty who 

has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on April 7, 2004 

at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), and 

207.24 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

days prior to the date of the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is April 6, 2004. Parties may also 

file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is April 20, 

2004; witness testimony must be filed 

no later than three days before the 

hearing. In addition, any person who 

has not entered an appearance as a party 

to the investigation may submit a 

written statement of information 

pertinent to the subject of the 

investigation on or before April 20, 

2004. On May 6, 2004, the Commission 

will make available to parties all 

information on which they have not had 

an opportunity to comment. Parties may 

submit final comments on this 

information on or before May 10, 2004, 

but such final comments must not 

contain new factual information and 

must otherwise comply with section 

207.30 of the Commission’s rules. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigation must be served on all other 

parties to the investigation (as identified 

by either the public or BPI service list), 

and a certificate of service must be 

timely filed. The Secretary will not 

accept a document for filing without a 

certificate of service.

Authority: This investigation is being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules.

By order of the Commission.

Issued: February 3, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–2658 Filed 2–6–04; 8:45 am] 

BILLING CODE 7020–02–P

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Meeting 

February 2, 2003.

TIME AND DATE: 10 a.m., Thursday, 

February 12, 2004.

PLACE: Hearing Room, 9th Floor, 601 

New Jersey Avenue, NW., Washington, 

DC.

STATUS: Closed [pursuant to 5 U.S.C. 

552b(c)(10)].

MATTERS TO BE CONSIDERED: The 

Commission will consider and act upon 

the following in closed session: 

In re Request for Relief Cases. (The 

Commission will discuss methods of 

disposing of the approximately 50 cases 

pending on the Commission’s docket 

that involve requests for relief from final 

Commission orders.)

CONTACT PERSON FOR MORE INFORMATION:

Jean Ellen (202) 434–9950/(202) 708–

9300 for TDD Relay/1–800–877–8339 

for toll free.

[FR Doc. 04–2889 Filed 2–5–04; 3:25 pm] 

BILLING CODE 6735–01–M

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–04783] 

Notice of Consideration of Amendment 

Request for the Dow Chemical 

Company and Release of Its Facility in 

Midland, MI

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of consideration of 

amendment request to Byproduct 

Material License No. 21–00265–06. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Peter J. Lee, Division of Nuclear 

Materials Safety, U.S. Nuclear

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 6007

Regulatory Commission, Region III, 801 

Warrenville Road, Lisle, Illinois 60532–

4351; telephone (630) 829–9870 or by 

email at pjl2@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of an amendment to the Dow 

Chemical Company Byproduct Material 

License No. 21–00265–06, to remove the 

possession or use of thorium from its 

Midland, Michigan facility license and 

release that portion of the facility for 

unrestricted use. 

The NRC staff has prepared an 

Environmental Assessment (EA) in 

support of this licensing action 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. 

II. EA Summary 

The purpose of the proposed action is 

to remove the possession or use of 

thorium from its Midland, Michigan 

facility license and release that portion 

of the facility for unrestricted use. This 

license was approved for research and 

development of a thorium containing 

catalyst. On September 26, 2003, Dow 

Chemical Company submitted a license 

amendment request to remove the 

possession or use of thorium from its 

license. The Dow Chemical Company 

has conducted surveys of the facility 

and provided information to the NRC to 

demonstrate that the site meets the 

license criteria in subpart E of 10 CFR 

part 20 for unrestricted release. The staff 

has examined the Dow Chemical 

Company’s request and the information 

that the licensee has provided in 

support of its request, including the 

surveys performed by the Dow Chemical 

Company to demonstrate compliance 

with 10 CFR 20.1402, ‘‘’Radiological 

Criteria for Unrestricted Use,’’’ to ensure 

that the NRC’s decision is protective of 

the public health and safety and the 

environment. Based on its review, the 

staff has determined that the affected 

environment and the environmental 

impacts associated with the removal of 

the possession or use of thorium from 

Byproduct Material License No. 21–

00265–06 are bounded by the impacts 

evaluated by the ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–

1496). Additionally, no non-radiological 

impacts were identified. The staff also 

finds that the proposed release for 

unrestricted use of the Dow Chemical 

Company facility is in compliance with 

the 10 CFR part 20.1402 and no other 

activities in the area that could result in 

cumulative impacts. 

III. Finding of No Significant Impact 

The staff has prepared the EA 

(summarized above) in support of Dow 

Chemical Company’s proposed license 

amendment to remove the possession or 

use of thorium from its Midland, 

Michigan facility license and release 

that portion of the facility for 

unrestricted use. On the basis of the EA, 

the staff has concluded that the 

environmental impacts from the 

proposed action would not be 

significant. Accordingly, the staff has 

determined that a FONSI is appropriate, 

and has determined that the preparation 

of an environmental impact statement is 

not warranted. 

IV. Further Information 

In accordance with 10 CFR 2.790 of 

the NRC’s ‘‘Rules of Practice,’’ Dow 

Chemical Company’s request, the EA 

summarized above, and the documents 

related to this proposed action are 

available electronically for public 

inspection and copying from the 

Publicly Available Records (PARS) 

component of NRC’s document system 

(ADAMS). ADAMS is accessible from 

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

reading-rm/adams.html. These 

documents include Dow Chemical 

Company’s letter dated September 26, 

2003, with enclosures (Accession No. 

ML033570177); and the EA summarized 

above (Accession No. 

ML040280082).These documents may 

also be viewed electronically on the 

public computers located at the NRC’s 

Public Document Room (PDR), O 1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee.

Dated at Lisle, Illinois, this 27th day of 

January 2004. 

Christopher G. Miller, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, RIII.

[FR Doc. 04–2665 Filed 2–6–04; 8:45 am] 

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold the following 

meetings during the week of February 9, 

2004: 

An Open Meeting will be held on 

Wednesday, February 11, 2004 at 10 

a.m., in Room 1C30, the William O. 

Douglas Room, and Closed Meetings 

will be held on Wednesday, February 

11, 2004 at 12:30 p.m. and Thursday, 

February 12, 2004 at 10 a.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meetings. Certain 

staff members who have an interest in 

the matters may also be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c) (3), (5), (7), (9B), and (10) 

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

and (10), permit consideration of the 

scheduled matters at the Closed 

Meetings. 

Commissioner Goldschmid, as duty 

officer, voted to consider the items 

listed for the closed meetings in closed 

sessions. 

The subject matter of the Open 

Meeting scheduled for Wednesday, 

February 11, 2004 will be: 

1. The Commission will consider a 

recommendation to propose for public 

comment an amendment to rule12b–1 

under the Investment Company Act of 

1940. The recommended proposal 

would prohibit investment companies 

from paying for the distribution of their 

shares with their brokerage 

commissions. The Commission will also 

consider whether to ask for comment 

about the need for additional changes to 

rule 12b–1. 

For further information, please 

contact Hester Peirce at (202) 942–0690. 

2. The Commission will consider 

whether to adopt amendments to Forms 

N–1A, N–2, N–3, and N–CSR, Articles 6 

and 12 of Regulation S–X, and rules 

30a–2, 30a–3, and 30d–1 under the 

Investment Company Act of 1940, as 

well as new rule 30b1–5 under the 

Investment Company Act of 1940 and 

new Form N–Q under the Investment 

Company Act of 1940 and the Securities 

Exchange Act of 1934. The amendments 

would (1) require a registered open-end 

management investment company to 

disclose in its reports to shareholders 

fund expenses borne by shareholders 

during the reporting period; (2) require 

a registered management investment 

company to file and certify a schedule 

of its complete portfolio holdings with 

the Commission on a quarterly basis; (3) 

permit a registered management 

investment company to include a 

summary portfolio schedule in reports 

to shareholders and exempt money