Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 47031 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered denial of the 

proposed action (i.e., the ‘‘no-action’’ 

alternative). Denial of the application 

would result in no change in current 

environmental impacts. The 

environmental impacts of the proposed 

action and the alternative action are 

similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement for the Cooper 

Nuclear Station dated February 1973. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on March 30, 2009, the staff consulted 

with the Nebraska State official, Ms. 

Julia Schmitt of the Office of 

Radiological Health, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated October 13, 2008, as 

supplemented by letters dated April 8, 

May 29, June 12, and September 1, 

2009. Documents may be examined, 

and/or copied for a fee, at the NRC’s 

Public Document Room (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 Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/adams.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 or 301– 

415–4737, or send an e-mail to 

pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 2nd day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Carl F. Lyon, 

Project Manager, Plant Licensing Branch IV, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–21974 Filed 9–11–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of September 14, 21, 28, 

October 5, 12, 19, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of September 14, 2009 

There are no meetings scheduled for 

the week of September 14, 2009. 

Week of September 21, 2009—Tentative 

Tuesday, September 22, 2009 

9:25 a.m. 

Affirmation Session (Public Meeting) 

(Tentative). Final Rule Establishing 

Criminal Penalties for the 

Unauthorized Introduction of 

Weapons into Facilities Designated 

by the Nuclear Regulatory 

Commission. (Tentative) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

9:30 a.m. 

Periodic Briefing on New Reactor 

Issues—Progress in Resolving 

Inspections, Tests, Analysis, and 

Acceptance Criteria (ITAAC) 

Closure (Public Meeting). (Contact: 

Debby Johnson, 301–415–1415.) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov 

Week of September 28, 2009—Tentative 

Wednesday, September 30, 2009 

9:30 a.m. 

Discussion of Management Issues 

(Closed—Ex. 2). 

Week of October 5, 2009—Tentative 

There are no meetings scheduled for 

the week of October 5, 2009. 

Week of October 12, 2009—Tentative 

There are no meetings scheduled for 

the week of October 12, 2009. 

Week of October 19, 2009—Tentative 

There are no meetings scheduled for 

the week of October 19, 2009. 

* * * * * 

*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: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/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, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov. Determinations on 

requests for reasonable accommodation 

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

* * * * * 

This notice is distributed 

electronically to 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), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: September 9, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–22211 Filed 9–10–09; 4:15 pm] 

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 an open meeting 

on September 16, 2009 at 10 a.m., in the 

Auditorium, Room L–002, and a closed 

meeting on September 16, 2009 at 11 

a.m. 

The subject matter of the September 

16, 2009 open meeting will be: 

The Commission will hear oral 

argument in an appeal by Rodney R. 

Schoemann, a Louisiana resident, from 

the decision of an administrative law 

judge. The law judge found that 

Schoemann violated Sections 5(a) and 

5(c) of the Securities Act of 1933 in 

November 2004 by offering and selling 

the securities of Stinger Systems, Inc. 


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47032 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

5FLEX Quotes responsive to a FLEX Request for 

Quote (‘‘RFQ’’) have different parameters that were 

not changed by the pilot program proposal. See 

Phlx Rule 1079(a)(8)(C). 

6FLEX Equity Options are flexible exchangetraded options contracts that overlie equity 

securities. FLEX Equity Options provide investors 

with the ability to customize basic option features 

including size, expiration date, exercise style, and 

certain exercise prices. FLEX Equity Options (as 

also FLEX index options) may have expiration dates 

within five years. See Phlx Rule 1079. 

7See Securities Exchange Act Release No. 57824 

(May 15, 2008), 73 FR 29805 (May 22, 2008) (SR– 

Phlx–2008–35) (notice of filing and immediate 

effectiveness establishing the Pilot Program). 

8See Securities Exchange Act Release No. 57824 

(May 15, 2008), 73 FR 29805 (May 22, 2008) (SR– 

Phlx–2008–35) (notice of filing and immediate 

effectiveness establishing the Pilot Program). The 

filing also modified the minimum value size for an 

opening transaction in a currently-opened FLEX 

Equity series (other than FLEX Quotes responsive 

to a RFQ) to the lesser of 100 contracts or the 

number of contracts overlying $1 million in the 

underlying securities. Other options exchanges 

have established FLEX pilot programs that are 

similar to the Exchange’s. See, e.g., Securities 

Exchange Act Release No. 57429 (March 4, 2008), 

73 FR 13058 (March 11, 2008) (SR–CBOE–2006–36) 

(approval order). 

when no registration statement was filed 

or in effect with respect to those 

securities and no exemption from 

registration was available. The law 

judge ordered Schoemann to cease and 

desist from committing or causing any 

violations or future violations of 

Sections 5(a) and 5(c) of the Securities 

Act, and ordered Schoemann to disgorge 

$967,901 in profits, plus prejudgment 

interest, from his sales of the securities. 

Among the issues likely to be argued 

are 

1. Whether Schoemann’s sales of the 

securities at issue violated the Securities 

Act; and 

2. Whether sanctions should be 

imposed in the public interest. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters also may 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), 9(B) and (10) 

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

and (10), permit consideration of the 

scheduled matters at the closed meeting. 

Commissioner Paredes, as duty 

officer, voted to consider the items 

listed for the closed meeting in a closed 

session. 

The subject matter of the September 

16, 2009 closed meeting will be: 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings; 

Other matters relating to enforcement 

proceedings; and 

An opinion. 

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) 

551–5400. 

Dated: September 9, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22105 Filed 9–10–09; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60627; File No. SR–Phlx– 

2009–78] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to an 

Extension of the FLEX Minimum Size 

Pilot Program 

September 4, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on 

September 3, 2009, NASDAQ OMX 

PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 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 

Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 3 and Rule 19b–4(f)(6) 

thereunder.4 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Phlx rules to amend its Rule 1079 (FLEX 

Index, Equity and Currency Options), to 

amend its Rule 1079 (FLEX Index, 

Equity and Currency Options), [sic] to 

extend through September 4, 2010, the 

Exchange’s pilot program that reduced 

from 250 contracts to 150 contracts the 

minimum value size for an opening 

transaction (other than FLEX Quotes 

responsive to a FLEX Request for 

Quotes) 5 in any FLEX Equity Option 6

series in which there is no open interest 

at the time a FLEX Request for Quotes 

(‘‘RFQ’’) is submitted (the ‘‘Pilot 

Program’’).7

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/ 

micro.aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

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 

Exchange 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 IV 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 purpose of the proposed rule 

change is to extend the Pilot Program 

through September 4, 2010. 

On or about May 15, 2008, the 

Exchange filed SR–Phlx-2008–35 with 

the Commission to establish the Pilot 

Program. The Pilot Program reduced the 

minimum value size for an opening 

transaction (other than FLEX Quotes 

responsive to a FLEX RFQ) in any FLEX 

Equity Option series in which there is 

no open interest at the time an RFQ is 

submitted.8 The proposed extension of 

the Pilot Program for opening FLEX 

option transactions should provide 

members that use FLEX Equity Options 

greater flexibility in structuring the 

terms of such options to better comport 

with the particular needs of the 

members and their customers. 

Prior to the Pilot Program, Phlx Rule 

1079(a)(8)(A) set the minimum opening 

transaction value size in the case of a 

FLEX Equity Option in a newly 


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