Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77781

information available at the time the 

petition is to be filed, such as the 

application, supporting safety analysis 

report, environmental report or other 

supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental impact statement, 

environmental assessment, or any 

supplements relating thereto, that differ 

significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Safety Evaluation 

Report for the proposed action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Environmental Report 

for the proposed action. 

3. Emergency Planning—primarily 

concerns issues relating to matters 

discussed or referenced in the 

Emergency Plan as it relates to the 

proposed action. 

4. Physical Security—primarily 

concerns issues relating to matters 

discussed or referenced in the Physical 

Security Plan as it relates to the 

proposed action. 

5. Miscellaneous—does not fall into 

one of the categories outlined above. 

If the requester/petitioner believes a 

contention raises issues that cannot be 

classified as primarily falling into one of 

these categories, the requester/petitioner 

must set forth the contention and 

supporting bases, in full, separately for 

each category into which the requester/

petitioner asserts the contention belongs 

with a separate designation for that 

category. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so in writing within ten days of the date 

the contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Opportunity To Provide Comments 

In accordance with 10 CFR 20.1405, 

the NRC is providing notice to 

individuals in the vicinity of the site 

that the NRC has received a license 

amendment request and 

decommissioning plan from the Army. 

The NRC will accept comments 

concerning this amendment request and 

DP. Comments with respect to this 

action should be provided in writing 

within 30 days of this notice and 

addressed to Mr. Tom McLaughlin, U.S. 

NRC, Washington, DC 20555–0001. 

Comments received after 30 days will be 

considered if practicable to do so, but 

only those comments received on or 

before the due date can be assured 

consideration. 

IV. Further Information 

Documents related to this action, 

including the application for 

amendment 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 Agency wide 

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 is ML041490071. If you do 

not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC 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, located in O–

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852. 

The PDR reproduction contractor will 

copy documents for a fee. 

Please note that on October 25, 2004, 

the NRC suspended public access to 

ADAMS, and initiated an additional 

security review of publicly available 

documents to ensure that potentially 

sensitive information is removed from 

the ADAMS database accessible through 

the NRC’s web site. Interested members 

of the public may obtain copies of the 

referenced documents for review and/or 

copying by contacting the Public 

Document Room pending resumption of 

public access to ADAMS.

Dated at Rockville, Maryland, this 20th day 

of December, 2004.

For the Nuclear Regulatory Commission. 

Daniel M. Gillen, 

Acting Director, Division of Waste 

Management and Environmental Protection, 

Office of Nuclear Material Safety and 

Safeguards.

[FR Doc. 04–28298 Filed 12–27–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Meeting; Notice

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission.

DATE: Weeks of December 27, 2004, 

January 3, 10, 17, 24, 31, 2005.

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED: 

Week of December 27, 2004

There are no meetings scheduled for 

the week of December 27, 2004. 

Week of January 3, 2005—Tentative 

Wednesday, January 5, 2005

2 p.m.—Affirmation Session (Public 

Meeting) (Tentative). 

a. Private Fuel Storage (Independent 

Spent Fuel Storage Installation); 

Docket No. 72–22–ISFSI 

(Tentative). 

Week of January 10, 2005—Tentative 

Tuesday, January 11, 2005

9:30 a.m.—Discussion of Security 

Issues (Closed—Ex. 1 & 9). 

Wednesday, January 12, 2005

9:30 a.m.—Discussion of Security 

Issues (Closed—Ex. 1). 

Week of January 17, 2005—Tentative 

There are no meetings scheduled for the 

week of January 17, 2005. 

Week of January 24, 2005—Tentative 

Monday, January 24, 2005

9:30 a.m.—Discussion of Security 

Issues (Closed—Ex. 1). 

1:30 p.m.—Discussion of Security 

Issues (Closed—Ex. 1). 

Tuesday, January 25, 2005

9:30 a.m.—Discussion of Security 

Issues (Closed—Ex. 1). 

Week of January 31, 2005—Tentative 

There are no meetings scheduled for the 

week of January 31, 2005.

* The schedule for Commission 

meetings is subject to change on short 

77782 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 

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: December 22, 2004. 

R. Michelle Schroll, 

Office of the Secretary.

[FR Doc. 04–28451 Filed 12–23–04; 9:29 am] 

BILLING CODE 7590–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–26712; File No. 812–13122] 

Merrill Lynch Life Insurance Group, et 

al. Notice of Application 

December 21, 2004.

AGENCY: The Securities and Exchange 

Commission (‘‘Commission’’).

ACTION: Notice of application (the 

‘‘Application’’) for an order of 

exemption pursuant to Section 6(c) of 

the Investment Company Act of 1940 

(the ‘‘1940 Act’’) from Sections 2(a)(32) 

and 27(i)(2)(a) of the Act and Rule 22c–

1 thereunder to allow recapture of a 

bonus amount. 

Applicants: Merrill Lynch Life 

Insurance Company (‘‘MLLIC’’), Merrill 

Lynch Life Variable Annuity Separate 

Account A (‘‘Account A’’), Merrill 

Lynch Variable Annuity Separate 

Account C (‘‘Account C’’), Merrill Lynch 

Variable Annuity Separate Account D 

(‘‘Account D’’), ML Life Insurance 

Company of New York (‘‘MLNY’’), ML 

of New York Variable Annuity Separate 

Account A (‘‘NY Account A’’), ML of 

New York Variable Annuity Separate 

Account C (‘‘NY Account C’’), ML of 

New York Variable Annuity Separate 

Account D (‘‘NY Account D’’), and 

Merrill Lynch, Pierce, Fenner & Smith 

Incorporated (‘‘MLPF&S’’) (except for 

MLLIC, MLNY, and MLPF&S, each a 

‘‘separate account’’ as defined in 

Section 2(a)(37) of the Investment 

Company Act of 1940, as amended (the 

‘‘Act’’); each separate account 

collectively referred to herein as the 

‘‘Separate Accounts’’) (all foregoing 

parties collectively referred to herein as 

the ‘‘Applicants’’). 

Summary of Application: The 

Applicants request an order exempting 

them with respect to the variable 

annuity contracts described herein (the 

‘‘Contracts’’) and other variable annuity 

contracts that are substantially similar 

in all material respects to the contracts 

described herein, that MLLIC and/or 

MLNY (together, the ‘‘Companies’’) may 

issue in the future (‘‘Future Contracts’’), 

and any other separate accounts of the 

Companies and their successors in 

interest (‘‘Future Accounts’’) that 

support Future Contracts, and certain 

NASD member broker-dealers which in 

the future, may act as principal 

underwriter of such contracts (‘‘Future 

Underwriters’’), from the provisions of 

Sections 2(a)(32) and 27(i)(2)(A) of the 

Act and Rule 22c–1 thereunder, 

pursuant to Section 6(c) of the Act, to 

the extent necessary to permit the 

recapture of all or a portion of the bonus 

amounts (previously attributable to 

premium payments under the bonus 

class of the Contract (the ‘‘XC Class’’)) 

where the bonus amounts were applied 

and a contract owner (‘‘Owner’’) (1) 

returns the Contract during the ‘‘Ten 

Day Right to Review’’ period (the ‘‘Free 

Look Period’’); (2) dies within six 

months of receipt and acceptance by 

MLLIC or MLNY of a premium payment 

(unless the Contract is continued under 

the spousal benefit continuation 

option); or (3) surrenders the Contract 

(in full or in part) or the surrender value 

is paid to the Owner (because the 

Contract has been terminated for 

inactivity) within three years of receipt 

and acceptance by MLLIC or MLNY of 

a premium payment (pursuant to a 

bonus recapture schedule). 

Filing Date: The Application was filed 

on September 3, 2004 and amended on 

December 20, 2004. 

Hearing or Notification of Hearing: An 

order granting the Application will be 

issued unless the Commission orders a 

hearing. Interested person may request a 

hearing by writing to the Secretary of 

the Commission and serving Applicants 

with a copy of the request, personally or 

by mail. Hearing requests should be 

received by the Commission by 5:30 

p.m. on January 18, 2005, and should be 

accompanied by proof of service on 

Applicants, 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 may request notification of a 

hearing by writing to the Secretary of 

the Commission.

ADDRESSES: Secretary, Securities and 

Exchange Commission, 450 Fifth Street, 

NW., Washington, DC 20549. 

Applicants, c/o Edward W. Diffin, Jr., 

Esq., Merrill Lynch Insurance Group, 

Inc., 1300 Merrill Lynch Drive, 2nd 

Floor, Pennington, New Jersey 08534. 

Copies to Mary E. Thornton, Esq., 

Sutherland Asbill & Brennan LLP, 1275 

Pennsylvania Ave., NW., Washington, 

DC 20004.

FOR FURTHER INFORMATION CONTACT:

Robert Lamont, Attorney, at (202) 942–

0676, or Lorna MacLeod, Branch Chief, 

at (202) 942–0670, Office of Insurance 

Products, Division of Investment 

Management.

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

Application; the complete Application 

may be obtained for a fee from the 

Public Reference Branch of the 

Commission, 450 5th Street, NW., 

Washington, DC 20549 (tel. (202) 942–

8090). 

Applicants’ Representations 

1. MLLIC is a stock life insurance 

company that is domiciled in Arkansas. 

MLLIC was incorporated under the laws 

of the State of Washington on January 

27, 1986, and redomesticated to the 

State of Arkansas on August 31, 1991. 

MLLIC is authorized to operate as a life 

insurance company in forty-nine states, 

the District of Columbia, the U.S. Virgin 

Islands, Guam, and Puerto Rico. Its 

principal offices are located at 1300 

Merrill Lynch Drive, 2nd Floor, 

Pennington, New Jersey 08534. MLLIC 

is a wholly owned subsidiary of Merrill 

Lynch Insurance Group, Inc. (‘‘MLIG’’). 

MLLIC is an indirect wholly owned 

subsidiary of Merrill Lynch & Co., Inc., 

a publicly held company whose shares 

are traded on the New York Stock 

Exchange. 

2. MLNY is a stock life insurance 

company that was organized under the