Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Notices 38103 

1Attachments 1 and 2 contain safeguards 

information and will not be released to the public. 

2To the extent that specific measures identified 

in the Attachments to this Order require actions 

pertaining to the Licensee’s possession and use of 

chemicals, such actions are being directed on the 

basis of the potential impact of such chemicals on 

radioactive materials and activities subject to NRC 

regulation. 

NATIONAL SCIENCE FOUNDATION 

National Science Board; Committee on 

Programs and Plans; Sunshine Act 

Meetings; Notice 

The National Science Board’s 

Committee on Programs and Plans, 

pursuant to NSF regulations (45 CFR 

Part 614), the National Science 

Foundation Act, as amended (42 U.S.C. 

1862n–5), and the Government in the 

Sunshine Act (5 U.S.C. 552b), hereby 

gives notice in regard to the scheduling 

of meetings for the transaction of 

National Science Board business and 

other matters specified, as follows: 

Date and Time: Monday, August 6, 

2007 at 1:30 PM. 

Subject Matter: Discussion of 

proposals and awards for specific 

grants, contracts, or other arrangements: 

• Support for the National Magnetic 

Field Laboratory for FY 2008–2012. 

• High Performance Computing. 

• Proposals for High Performance 

Computing for Science and Engineering 

Research and Education: Operations. 

• Advanced Technology Solar 

Telescope. 

Status: Closed. 

This meeting will be held at the 

National Science Foundation, Room 

1235, 4201 Wilson Blvd., Arlington, VA 

22230. Please refer to the National 

Science Board Web site (http:// 

www.nsf.gov/nsb) for information or 

schedule updates, or contact: Dr. Robert 

Webber, National Science Board Office, 

4201 Wilson Blvd., Arlington, VA 

22230. Telephone: (703) 292–7000. 

Russell Moy, 

Attorney-Advisor. 

[FR Doc. E7–13577 Filed 7–11–07; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–180, Docket No.: 70–7004, License 

No.: SNM–2011] 

In the Matter of USEC, Inc., American 

Centrifuge Plant; Order Modifying 

License For Additional Security 

Measures (Effective Immediately) 

I 

USEC Inc. (USEC or the Licensee) is 

the holder of Special Nuclear Material 

(SNM) License No. SNM–2011, for the 

American Centrifuge Plant (ACP), 

issued by the U.S. Nuclear Regulatory 

(NRC or Commission) pursuant to 10 

CFR Part 70. This license authorizes the 

Licensee to construct and operate a 

uranium enrichment facility, in 

accordance with the Atomic Energy Act 

(AEA) of 1954, as amended, and 10 CFR 

Parts 30, 40, and 70. The USEC license 

was issued on April 13, 2007, and is due 

to expire on April 13, 2037. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, using 

large commercial aircraft as weapons. In 

response to the attacks and intelligence 

information subsequently obtained, the 

Commission issued a number of 

Safeguards and Threat Advisories to its 

licensees, to strengthen licensees’

capabilities and readiness to respond to 

a potential attack on a nuclear facility. 

The Commission has also 

communicated with other Federal, 

State, and local government agencies 

and industry representatives, to discuss 

and evaluate the current threat 

environment, to assess the adequacy of 

security measures at licensed facilities. 

In addition, the Commission has been 

conducting a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security plan 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that the Licensee must 

implement certain additional prudent 

measures to address the current threat 

environment. Therefore, the 

Commission is imposing requirements, 

set forth in Attachments 1 and 2 1 of this 

Order, which supplement existing 

regulatory requirements, to provide the 

Commission with reasonable assurance 

that the public health and safety and 

common defense and security continue 

to be adequately protected in the current 

threat environment. These requirements 

will remain in effect until the 

Commission determines otherwise. 

The Commission recognizes that some 

of the requirements set forth in 

Attachments 1 and 2 2 to this Order may 

already have been initiated by the 

Licensee on its own. It is also 

recognized that some measures may 

need to be tailored to specifically 

accommodate the specific 

circumstances and characteristics, 

existing at the licensee’s facility, to 

achieve the intended objectives and 

avoid any unforeseen effect on safe 

operation. 

In light of the current threat 

environment, the Commission 

concludes that the Additional Security 

Measures must be embodied in an 

Order, consistent with the established 

regulatory framework. To provide 

assurance that the Licensee is 

implementing prudent measures to 

achieve an adequate level of protection 

to address the current threat 

environment, SNM–2011 shall be 

modified to include the requirements 

identified in Attachments 1 and 2 to this 

Order. In addition, pursuant to 10 CFR 

2.202 and 70.81, I find that, in light of 

the circumstances described above, the 

public health, safety, and interest, and 

the common defense and security 

require that this Order be immediately 

effective. 

III 

Accordingly, pursuant to Sections 53, 

62, 63, 81, 147, 149, 161b, 161i, 161o, 

182, and 186 of the AEA of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202 and 10 CFR 

Parts 30, 40, and 70, it is hereby 

ordered, effective immediately, that 

material license SNM–2011 is modified 

as follows: 

A. The Licensee shall, 

notwithstanding the provisions of any 

Commission regulation to the contrary, 

comply with the requirements described 

in Attachments 1 and 2 to this Order. 

The Licensee shall immediately start 

implementation of the requirements in 

Attachments 1 and 2 to the Order and 

shall complete implementation, unless 

otherwise specified in Attachments 1 

and 2 to this order, no later than six (6) 

months before facility operation. 

B. 1. The Licensee shall, within 

twenty (20) days of the date of this 

Order, notify the Commission; (1) If it is 

unable to comply with any of the 

requirements described in the 

Attachment; (2) if compliance with any 

of the requirements is unnecessary in its 

specific circumstances; or (3) if 

implementation of any of the 

requirements would cause the Licensee 

to be in violation of the provisions of 

any Commission regulation or its 

license. The notification shall provide 

the Licensee’s justification for seeking 

relief from, or variation of, any specific 

requirement. 

2. If the Licensee considers that 

implementation of any of the 

requirements described in Attachments 

1 and 2 to this Order would adversely 

affect safe operation of its facility, the 

Licensee must notify the Commission, 

within twenty (20) days of this Order, of 

the adverse safety impact, the basis for 


rwilkins on PROD1PC63 with NOTICES
38104 Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Notices 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

its determination that the requirement 

has an adverse safety impact, and either 

a proposal for achieving the same 

objectives, specified in Attachments 1 

and 2, in question, or a schedule for 

modifying the facilities, to address the 

adverse safety condition. If neither 

approach is appropriate, the Licensee 

must supplement its response to 

Condition B1 of this Order, to identify 

the condition as a requirement with 

which it cannot comply, with attendant 

justifications, as required in Condition 

B1. 

C. 1. The Licensee 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 the 

Attachment. 

2. The Licensee shall report to the 

Commission when it has achieved full 

compliance with the requirements 

described in the Attachment. 

D. Notwithstanding any provision of 

the Commission’s regulations to the 

contrary, all measures implemented or 

actions taken in response to this Order 

shall be maintained until the 

Commission determines otherwise. 

The Licensee’s response to Conditions 

B.1, B.2, C.1, and C.2, above, shall be 

submitted in accordance with 10 CFR 

70.5. In addition, the Licensee’s 

submittals that contain Safeguards 

Information shall be properly marked 

and handled in accordance with the 

Order issued on October 4, 2006, 

requiring a program for protecting 

Safeguards Information. 

The Director, Office of Nuclear 

Material Safety and Safeguards, may, in 

writing, relax or rescind any of the 

above conditions upon demonstration 

by the Licensee of good cause. 

IV 

In accordance with 10 CFR 2.202, the 

Licensee 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, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. The answerer may 

consent to this Order. Unless the 

answerer consents to this Order, the 

answerer 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, and the Director, 

Office of Enforcement, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555; to the Assistant General 

Counsel for Materials Litigation and 

Enforcement, at the same address; to the 

Regional Administrator, NRC Region II, 

61 Forsyth Street, SW., Suite 23T85, 

Atlanta, GA 30303–8931; and to the 

Licensee, if the answer or hearing 

request is by a person other than the 

Licensee. Because of possible 

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 the Licensee 

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 2.309. 

If a hearing is requested by the 

Licensee 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 

hearing shall be whether this Order 

should be sustained. 

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

Licensee may, in addition to demanding 

a hearing, at the time the answer is filed 

or sooner, move 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: July 5, 2007. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 07–3403 Filed 7–11–07; 8:45 am] 

BILLING CODE 4590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–56014; File No. SR–BSE–

2007–31] 

Self-Regulatory Organizations; Boston 

Stock Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Extend the 

Effective Date of a Previous Rule 

Change Relating to Information 

Contained in a Directed Order on the 

Boston Options Exchange 

July 5, 2007. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on July 2, 

2007, the Boston Stock Exchange, Inc. 

(‘‘BSE’’ 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 

substantially prepared by the BSE. The 

BSE filed the proposed rule change as 

a ‘‘noncontroversial’’ proposed rule 

change pursuant to Section 19(b)(3)(A) 

of the Act 3 and Rule 19b–4(f)(6) 

thereunder,4 which renders the 

proposed rule change effective upon 

filing with the Commission. 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 BSE proposes to extend the 

effective date of the amended rule 

governing the Exchange’s Directed 

Order process on the Boston Options 

Exchange (‘‘BOX’’) from July 31, 2007 to 

January 31, 2008. The text of the 

proposed rule change is available on 

BSE’s Web site at http:// 

www.bostonoptions.com, at BSE’s 


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