41092 Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices 

radioactive material from the facility 

located at 789 North Dixboro Road, Ann 

Arbor, Michigan. 

The licensee conducted surveys of the 

facility and provided this information to 

the NRC to demonstrate that the 

radiological condition of the Ann Arbor 

facility is consistent with radiological 

criteria for unrestricted use in 10 CFR 

20.1402. No radiological remediation 

activities are required to complete the 

proposed action. 

Need for the Proposed Action 

The licensee is requesting this license 

amendment because it has discontinued 

licensed activities. The NRC is fulfilling 

its responsibilities under the Atomic 

Energy Act to make a decision on the 

proposed action for decommissioning 

that ensures that residual radioactivity 

is reduced to a level that is protective 

of the public health and safety and the 

environment, and allows the facility to 

be released for unrestricted use. 

Environmental Impacts of the Proposed 

Action 

The NRC staff reviewed the 

information provided and surveys 

performed by the licensee to 

demonstrate that the release of the Ann 

Arbor facility is consistent with the 

radiological criteria for unrestricted use 

specified in 10 CFR 20.1402. Based on 

its review, the staff determined that 

there were no radiological impacts 

associated with the proposed action 

because no radiological remediation 

activities were required to complete the 

proposed action, and that the 

radiological criteria for unrestricted use 

in § 20.1402 have been met. 

Based on its review, the staff 

determined that the radiological 

environmental impacts from the 

proposed action are bounded by the 

‘‘Generic Environmental Impact 

Statement in Support of Rulemaking on 

Radiological Criteria for License 

Termination of NRC-Licensed Nuclear 

Facilities’’ (NUREG–1496). 

Additionally, no non-radiological or 

cumulative impacts were identified. 

Therefore, the NRC has determined that 

the proposed action will not have a 

significant effect on the quality of the 

human environment. 

Alternatives to the Proposed Action 

An alternative to the proposed action 

is to take no action. Under the no-action 

alternative, the licensee’s facility would 

remain under an NRC license and 

would not be released for unrestricted 

use. This would result in no change to 

current conditions at the Ann Arbor 

facility. The no-action alternative is not 

acceptable because it is inconsistent 

with 10 CFR 30.36, which requires that 

a licensee who has permanently ceased 

licensed activities begin 

decommissioning its facility. This 

alternative would impose an 

unnecessary regulatory burden in 

controlling access to the former Ann 

Arbor facility, and limit potential 

benefits from the future use of the 

facility. 

Conclusion 

The NRC staff concluded that the 

proposed action is consistent with the 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. Because 

the proposed action will not 

significantly impact the quality of the 

human environment, the NRC staff 

concludes that the proposed action is 

the preferred alternative. 

Agencies and Persons Consulted 

The NRC staff has determined that the 

proposed action will not affect listed 

species or critical habitats. Therefore, no 

further consultation is required under 

Section 7 of the Endangered Species 

Act. Likewise, the NRC staff has 

determined that the proposed action is 

not a type of activity that has potential 

to cause effect on historic properties. 

Therefore, consultation under Section 

106 of the National Historic 

Preservation Act is not required. 

The NRC consulted with Mr. Robert 

Skowronek, Chief, Radioactive Material 

and Medical Waste Materials Unit, 

Waste and Hazardous Materials 

Division, Michigan Department of 

Environmental Quality. Mr. Skowronek 

was provided an electronic draft of the 

EA for comment on July 9, 2007. Mr. 

Skowronek responded to the NRC by 

e-mail on July 10, 2007, indicating that 

the State had no comments regarding 

the NRC Environmental Assessment for 

the release of the licensee’s Ann Arbor 

facility located at 789 North Dixboro 

Road. 

II. Finding of No Significant Impact 

On the basis of the EA in support of 

the proposed license amendment to 

release the site for unrestricted use, the 

NRC has determined that the proposed 

action will not have a significant effect 

on the quality of the human 

environment. Thus, an environmental 

impact statement for the proposed 

action is not warranted. 

III. 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 Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. 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. The 

documents and ADAMS accession 

numbers related to this notice are: 

1. Lori Bestervelt, NSF International, 

letter to U.S. Nuclear Regulatory 

Commission, April 30, 2007 (ADAMS 

Accession No. ML071220400). 

2. U.S. Nuclear Regulatory 

Commission, ‘‘Environmental Review 

Guidance for Licensing Actions 

Associated with NMSS Programs,’’

NUREG–1748, August 2003. 

3. U.S. Nuclear Regulatory 

Commission, ‘‘Generic Environmental 

Impact Statement in Support of 

Rulemaking on Radiological Criteria for 

License Termination of NRC-Licensed 

Nuclear Facilities,’’ NUREG–1496, 

August 1994. 

4. NRC, NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance,’’

Volumes 1–3, September 2003. 

Documents may also be viewed 

electronically on the public computers 

located at the NRC’s 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 18th day of July 

2007. 

For the Nuclear Regulatory Commission. 

Patrick Louden, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III. 

[FR Doc. 07–3666 Filed 7–25–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Meeting 

DATES: Week of July 30, 2007. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

ADDITIONAL MATTERS TO BE CONSIDERED: 

Week of July 30, 2007—Tentative 

Thursday, August 2, 2007 

1:25 p.m. Affirmation Session (Public 

Meeting) (Tentative) a. Dominion 

Nuclear North Anna, LLC (Early Site 

Permit for North Anna ESP Site), LBP–

07–9 (June 29, 2007) (Tentative). 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices 41093 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5See Securities Exchange Act Release No. 55979 

(June 28, 2007), 72 FR 37065 (July 6, 2007) ((SR–

NASDAQ–2007–055) (May 29, 2007)). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

* * * * * 

*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: 

Michelle Schroll, (301) 415–1662. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: www.nrc.gov/what-we-do/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 301–415–2279, TDD: 

301–415–2100, or by e-mail at 

REB3@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: July 23, 2007. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 07–3676 Filed 7–24–07; 12:16 pm] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–56112; File No. SR–

NASDAQ–2007–064] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify Fees 

for Members Using the Nasdaq Market 

Center 

July 20, 2007. 

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 July 2, 

2007, The NASDAQ Stock Market LLC 

(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

substantially prepared by Nasdaq. 

Nasdaq filed the proposal pursuant to 

Section 19(b)(3)(A)(ii) of the Act 3 and 

Rule 19b–4(f)(2) 4 thereunder, as 

establishing or changing a due, fee, or 

other charge applicable to a member, 

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 

Nasdaq proposes to modify pricing for 

Nasdaq members using the Nasdaq 

Market Center. Nasdaq will implement 

this rule change on July 2, 2007. The 

text of the proposed rule change is 

available at Nasdaq, www.nasdaq.com, 

and 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 

On June 1, 2007,5 Nasdaq increased 

its fees for routing orders in securities 

other than exchange-traded funds to the 

New York Stock Exchange (‘‘NYSE’’) in 

instances where the order does not 

check the Nasdaq book prior to routing. 

Nasdaq also changed its fee schedule to 

provide that orders that do not attempt 

to execute in Nasdaq prior to routing to 

other venues do not count in 

determining a member’s average daily 

volume of shares of liquidity accessed 

and/or routed for purposes of 

determining the pricing tier applicable 

to a particular member. Nasdaq is now 

further amending the fee schedule to 

increase the fees for orders that check 

the Nasdaq book but only to the extent 

of displayed liquidity, rather than for 

the full size of the order. 

Market participants using Nasdaq for 

routing orders have the ability to 

instruct as to the conditions under 

which routing should occur. One 

possibility is to route without checking 

the Nasdaq book; another is to route 

after checking the Nasdaq book only to 

extent of displayed liquidity; and 

another is to send the full order for 

execution against the book prior to 

routing, thereby allowing undisplayed 

reserved size to be accessed. For 

example, if displayed size at the inside 

was 1000 shares and 10,000 shares were 

in reserve at that price, an order for 

10,000 shares could be fully executed in 

Nasdaq if the full order was sent, but 

would be routed if the order accessed 

only the displayed size. 

Both the changes made in the instant 

proposed rule change and the changes 

made in SR–NASDAQ–2007–055 are 

designed to enhance the quality of 

Nasdaq’s market by providing an 

incentive for members to enter orders 

that check the full size of the Nasdaq 

book prior to routing. An increase in the 

extent to which members check the 

book will in turn encourage liquidity 

providers to post executable quotes in 

Nasdaq. Moreover, since there is 

generally far more undisplayed liquidity 

than displayed liquidity at the inside 

price, the proposed change will 

encourage members to execute their 

orders in Nasdaq to the fullest extent 

possible. 

For orders that check the book only to 

the extent of displayed interest, the fee 

will be $0.00035 per share executed 

when routed to the NYSE for execution 

and $0.0035 per share executed when 

routed elsewhere. At the same time, 

however, Nasdaq is lowering the fee for 

Directed Intermarket Sweep Orders sent 

to the NYSE, from $0.0035 to $0.00035 

per share executed, in keeping with the 

overall prevailing level of fees for 

routing to NYSE. 

Finally, for the month of July 2007, 

Nasdaq is lowering: (i) The volume level 

required for receiving a liquidity 

provider credit of $0.0025 per share 

executed from 35 million average daily 

shares of liquidity provided to 30 


rwilkins on PROD1PC63 with NOTICES