Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices 39061 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the State 

of Connecticut, Department of 

Environmental Protection, Division of 

Radiation, for review on January 3, 

2008. On April 17, 2008, the State of 

Connecticut responded by electronic 

mail. The State agreed with the 

conclusions of the EA, and otherwise 

had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

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. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

NRC License No. 06–19244–01 

(ML013040402); 

Termination request dated October 15, 

2007 (ML072970647); 

Additional information on termination 

request October 31, 2007 

(ML073120241); 

Additional information on termination 

request dated December 3, 2007 

(ML073410648); 

License application dated December 5, 

1979 (ML073520073); 

License application dated March 25, 

1980 (ML073520085); 

License application dated July 30, 2001 

(ML012220088); 

Inspection report dated June 2005 

(ML051880266); 

NUREG–1757, ‘‘Consolidated NMSS 

Decommissioning Guidance;’’

Title 10 Code of Federal Regulations, 

Part 20, Subpart E, ‘‘Radiological 

Criteria for License Termination;’’

Title 10, Code of Federal Regulations, 

Part 51, ‘‘Environmental Protection 

Regulations for Domestic Licensing 

and Related Regulatory Functions;’’

NUREG–1496, ‘‘Generic Environmental 

Impact Statement in Support of 

Rulemaking on radiological Criteria 

for License Termination of NRCLicensed Nuclear Facilities.’’

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, O 1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at King of Prussia, Pennsylvania this 

26th day of June 2008. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial, Research and 

Development Branch, Division of Nuclear 

Materials Safety, Region I. 

[FR Doc. E8–15409 Filed 7–7–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATE: Weeks of July 7, 14, 21, 28, 

August 4, 11, 2008. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and closed. 

Week of July 7, 2008 

There are no meetings scheduled for 

the week of July 7, 2008. 

Week of July 14, 2008—Tentative 

Thursday, July 17, 2008 

1 p.m. 

Briefing on Fire Protection Issues 

(Public Meeting) (Contact: Alex 

Klein, 301 415–2822). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of July 21, 2008—Tentative 

Wednesday, July 23, 2008 

1:30 p.m. 

Discussion of Security Issues 

(Closed—Ex. 1 & 3). 

Thursday, July 24, 2008 

1:30 p.m. 

Discussion of Security Issues 

(Closed—Ex. 1 & 3). 

Week of July 28, 2008—Tentative 

There are no meetings scheduled for 

the week of July 28, 2008. 

Week of August 4, 2008—Tentative 

There are no meetings scheduled for 

the week of August 4, 2008. 

Week of August 11, 2008—Tentative 

Tuesday, August 12, 2008 

1:30 p.m. 

Meeting with FEMA and State and 

Local Representatives on Offsite 

Emergency Preparedness Issues 

(Public Meeting) (Contact: Chris 

Miller, 301 415–1086). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Thursday, August 14, 2008 

1:30 p.m. 

Meeting with Organization of 

Agreement States (OAS) and 

Conference of Radiation Control 

Program Directors (CRCPD) (Public 

Meeting) (Contact: Andrea Jones, 

301 415–2309). 

This meeting will be Webcast live at 

the Web address—http://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: 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 

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 


ebenthall on PRODPC60 with NOTICES
39062 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices 

1 17 CFR 270.19b–1. 

2 17 CFR 270.19b–1(c)(1). 

3The notice requirement in rule 19b–1(c)(2) (17 

CFR 270.19b–1(c)(2)) supplements the notice 

requirement of section 19(a) [15 U.S.C. 80a–19(a)] 

and rule 19a–1 [17 CFR 270.19a–1], which requires 

any distribution in the nature of a dividend 

payment made by a fund to its investors to be 

accompanied by a notice disclosing the source of 

the distribution. 

4Rule 19b–1(e) also requires that the application 

comply with rule 0–2 [17 CFR 270.02], which sets 

forth the general requirements for papers and 

applications filed with the Commission. 

5These hourly rate estimates are derived from 

annual salaries reported in: Securities Industry and 

Financial Markets Association, Management and 

Professional Earnings in the Securities Industry 

(2007) and Securities Industry and Financial 

Markets Association, Office Salaries in the 

Securities Industry (2007). 

6This estimate is based on the following 

calculations: $1298.50 (3.5 hours × $371 = $1298.5) 

plus $32.50 (0.5 hours × $65 = $32.50) equals 

$1331.00 (cost of one application); $1331 × 5 

applications = $6655 total cost. 

7This understanding is based on conversations 

with representatives from the fund industry. 

8This estimate is based on the following 

calculation: $5,000 multiplied by 5 (funds) equals 

$25,000. 

9The Investment Company Institute, Unit 

Investment Trust Data (April, 2008). 

10The number of times UITs rely on the rule to 

make capital gains distributions depends on a wide 

range of factors and, thus, can vary greatly across 

years. A number of UITs are organized as grantor 

trusts, and therefore do not generally make capital 

gains distributions under rule 19b–1(c), or may not 

rely on rule 19b–1(c) as they do not meet the rule’s 

requirements. Other UITs may distribute capital 

gains biannually, annually, quarterly, or at other 

intervals. 

11This estimate is based on the following 

calculation: 6030 UITs multiplied by $50 equals 

$301,500. 

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 2, 2008. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 08–1420 Filed 7–3–08; 10:41 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 19b–1, SEC File No. 270–312, OMB 

Control No. 3235–0354. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit the existing collection 

of information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Section 19(b) of the Investment 

Company Act of 1940 (the ‘‘Act’’) (15 

U.S.C. 80a–19(b)) authorizes the 

Commission to regulate registered 

investment company (‘‘fund’’) 

distributions of long-term capital gains 

made more frequently than once every 

twelve months. Rule 19b–1 under the 

Act 1 prohibits funds from distributing 

long-term capital gains more than once 

every twelve months unless certain 

conditions are met. Rule 19b–1(c) (17 

CFR 270.19b–1(c)) permits unit 

investment trusts (‘‘UITs’’) engaged 

exclusively in the business of investing 

in certain eligible fixed-income 

securities to distribute long-term capital 

gains more than once every twelve 

months, if: (i) The capital gains 

distribution falls within one of several 

categories specified in the rule 2 and (ii) 

the distribution is accompanied by a 

report to the unit holder that clearly 

describes the distribution as a capital 

gains distribution (the ‘‘notice 

requirement’’).3 Rule 19b–1(e) (17 CFR 

270.19b–1(e)) permits a fund to apply to 

the Commission for permission to 

distribute long-term capital gains more 

than once a year if the fund did not 

foresee the circumstances that created 

the need for the distribution. The 

application must set forth the pertinent 

facts and explain the circumstances that 

justify the distribution.4 An application 

that meets those requirements is 

deemed to be granted unless the 

Commission denies the request within 

15 days after the Commission receives 

the application. 

Commission staff estimates that, on 

average, each year five funds file an 

application under rule 19b–1(e). The 

staff understands that funds that file an 

application generally use outside 

counsel to prepare the application. The 

cost burden of using outside counsel is 

discussed below. The staff estimates 

that, on average, the fund’s investment 

adviser spends approximately four 

hours to review an application, 

including 3.5 hours by an assistant 

general counsel, at a cost of $371 per 

hour, and 0.5 hours by an 

administrative assistant, at a cost of $65 

per hour.5 Thus, the Commission staff 

estimates that the annual hour burden of 

the collection of information imposed 

by rule 19b–1 is approximately four 

hours per fund, at a cost of $1331, for 

a total burden of 20 hours at a cost of 

$6655.6

The Commission staff estimates that 

there is no hour burden associated with 

complying with the collection of 

information component of rule 19b–1(c). 

As noted above, the Commission staff 

understands that funds that file an 

application under rule 19b–1(e) 

generally use outside counsel to prepare 

the application.7 The staff estimates 

that, on average, outside counsel spends 

10 hours preparing a rule 19b–1(e) 

application, including eight hours by an 

associate and two hours by a partner. 

Outside counsel billing arrangements 

and rates vary based on numerous 

factors. Based on conversations with 

outside counsel and average billing rates 

of outside counsel the staff estimates 

that the average cost of outside counsel 

preparation of the 19b–(e) exemptive 

application is $5,000. Thus, the staff 

estimates that the total annual cost 

burden imposed by the exemptive 

application requirements of rule 

19b–1(e) is $25,000.8

The Commission staff estimates that 

there are approximately 6030 UITs,9

which may rely on rule 19b–1(c) to 

make capital gains distributions. The 

staff estimates that, on average, these 

UITs rely on rule 19b–1(c) once a year 

to make a capital gains distribution.10 In 

most cases, the trustee of the UIT is 

responsible for preparing and sending 

the notices that must accompany a 

capital gains distribution under rule 

19b–1(c)(2). These notices require 

limited preparation, the cost of which 

accounts for only a small, indiscrete 

portion of the comprehensive fee 

charged by the trustee for its services to 

the UIT. The staff believes that as a 

matter of good business practices, and 

for tax preparation reasons, UITs would 

collect and distribute the capital gains 

information required to be sent to unit 

holders under rule 19b–1(c) even in the 

absence of the rule. The staff estimates 

that the cost of preparing a notice for a 

capital gains distribution under rule 

19b–1(c)(2) is approximately $50. There 

is no separate cost to mail the notices 

because they are mailed with the capital 

gains distribution. Thus, the staff 

estimates that the capital gains 

distribution notice requirement imposes 

an annual cost on UITs of 

approximately $301,500.11 The staff 

therefore estimates that the total cost 


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