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 

6008 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

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

2 17 CFR 240.19b–4.

3Under the Plan and Exchange Rule 6.80(12) 

which tracks the language of the Plan, a ‘‘Linkage 

Order’’ means an Immediate or Cancel order routed 

through the Linkage as permitted under the Plan for 

the Purpose of Creating and Operating an Options 

Intermarket Linkage. There are three types of 

Linkage Orders: 

(i) ‘‘P/A Order,’’ which is an order for the 

principal account of a specialist (or equivalent 

entity on another Participant Exchange that is 

authorized to represent Public Customer orders), 

reflecting the terms of a related unexecuted Public 

Customer order for which the specialist is acting as 

agent; 

(ii) ‘‘P Order,’’ which is an order for the principal 

account of an Eligible Market Maker and is not a 

P/A Order; and 

(iii) ‘‘Satisfaction Order,’’ which is an order sent 

through the Linkage to notify a member of another 

Participant Exchange of a Trade-Through and to 

seek satisfaction of the liability arising from that 

Trade-Through.

4See Securities Exchange Act Release No. 47761 

(April 29, 2003), 68 FR 24042 (May 6, 2003) (SR–

CBOE–2003–11).

5 15 U.S.C. 78f(b).

6 15 U.S.C. 78f(b)(4).

market funds from including a portfolio 

schedule in reports to shareholders, 

provided that the complete portfolio 

schedule is filed with the Commission 

and available to shareholders upon 

request; (4) require a registered 

management investment company to 

include a tabular or graphic 

presentation of a fund’s portfolio 

holdings in its reports to shareholders; 

and (5) require a registered open-end 

management investment company to 

include Management’s Discussion of 

Fund Performance in its annual report 

to shareholders. 

For further information, please 

contact Christopher Kaiser at (202) 942–

0724. 

3. The Commission will consider 

whether to propose amendments to 

Schedule 14A under the Securities 

Exchange Act of 1934, and to Forms N–

1A, N–2, and N–3 under the Securities 

Act of 1933 and the Investment 

Company Act of 1940. The proposals 

would require a registered management 

investment company to provide 

disclosure in its reports to shareholders 

regarding the basis for the board of 

directors’ approval of an investment 

advisory contract. They would also 

enhance existing disclosure 

requirements in the registration 

statements of registered management 

investment companies and in proxy 

statements regarding the basis for the 

board’s approval of, or recommendation 

that shareholders approve, an 

investment advisory contract. 

For further information, please 

contact Deborah D. Skeens at (202) 942–

0562. 

The subject matter of the Closed 

Meeting scheduled for Wednesday, 

February 11, 2004 will be: 

Post-argument discussion. 

The subject matters of the Closed 

Meeting scheduled for Thursday, 

February 12, 2004 will be: 

Formal orders of investigation; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; 

Institution and settlement of 

injunctive actions; 

Regulatory matters involving a 

financial institution; and 

Adjudicatory matter. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact: 

The Office of the Secretary at (202) 

942–7070.

Dated: February 4, 2004. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–2808 Filed 2–5–04; 12:05 pm] 

BILLING CODE 8010–01–U

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–49172; File No. SR–CBOE–

2004–06] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change by the Chicago Board 

Options Exchange, Inc. Relating to the 

Extension of a Linkage Fee Pilot 

Program 

February 2, 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 February 

2, 2004, the Chicago Board Options 

Exchange, Inc. (‘‘Exchange’’ or ‘‘CBOE’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons and is 

approving the proposed rule change on 

an accelerated basis.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The CBOE proposes to extend the 

current pilot program for six months 

until July 31, 2004 applicable to Options 

Intermarket Linkage (‘‘Linkage’’) fees. 

The proposed fee schedule is 

available at the Exchange and at the 

Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

CBOE included statements concerning 

the purpose of, and basis for, the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item III below. The Exchange has 

prepared summaries, set forth in 

Sections A, B, and C below, of the most 

significant aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange’s current fee structure 

for Principal (‘‘P’’) and Principal Acting 

as Agent (‘‘P/A’’) Orders 3 executed on 

the Exchange is operating under a pilot 

program scheduled to expire on January 

31, 2004.4 Currently, because all 

Linkage Orders received by CBOE are 

for the account of a broker-dealer market 

maker on another exchange, the fees 

applicable to P and P/A Orders are the 

same as fees applicable to market 

makers on other exchanges that submit 

orders to CBOE outside of the Linkage, 

taking into account how those orders are 

handled at CBOE. The Exchange now 

proposes to extend the pilot program to 

July 31, 2004.

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of dues, 

fees and charges is consistent with 

Section 6(b) of the Act 5 in general, and 

furthers the objectives of Section 6(b)(4) 

of the Act 6 in particular, in that it is an 

equitable allocation of reasonable dues, 

fees, and other charges.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act.