5882 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 

Nuclear Regulatory Commission, ATTN: 

Chief, Rulemakings and Adjudications 

Staff, Washington, DC 20555–0001. 

Copies of the hearing request shall also 

be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001; 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 Mr. 

William Johns. Because of the 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 Mr. Johns 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(d) and (f). 

If a hearing is requested by 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 Confirmatory Order should 

be sustained. 

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 V above shall be final 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 V 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 this 22nd day of January 2008. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Acting Regional Administrator. 

[FR Doc. E8–1795 Filed 1–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 070–3103] 

Notice of Consideration of Approval of 

Application Regarding Proposed 

Corporate Restructuring for Louisiana 

Energy Services National Enrichment 

Facility In Lea County, New Mexico, 

and Conforming Amendment, and 

Opportunity To Provide Comments and 

Request a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of application for 

approval of an indirect license transfer, 

and opportunity to request a hearing 

and provide written comments. 

DATES: A request for a hearing must be 

filed by February 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Timothy C. Johnson, Sr. Project 

Manager, Enrichment and Conversion 

Branch, Division of Fuel Cycle Safety 

and Safeguards, Office of Nuclear 

Material Safety and Safeguards, Nuclear 

Regulatory Commission, Washington, 

DC 20555. Telephone: (301) 492–3121; 

Fax number: (301) 492–3359; e-mail: 

tcj@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission or NRC) 

is considering an application for 

approval of an indirect transfer of 

control regarding Special Nuclear 

Material License No. SNM–2010. This 

license was issued on June 23, 2006, to 

Louisiana Energy Services, L.P. (the 

Licensee), for its National Enrichment 

Facility (NEF), located in Lea County, 

New Mexico. The license authorizes the 

Licensee to construct and operate a gas 

centrifuge uranium enrichment facility. 

The application now being considered 

is dated October 19, 2007. The Licensee 

proposes to (1) restructure itself from a 

Limited Partnership (LP) to a Limited 

Liability Company (LLC); and (2) 

reorganize the ownership arrangement 

of Urenco Deelnemingen BV (UDE), a 

current limited partner of the Licensee. 

No physical changes to the NEF or 

operational changes are being proposed. 

An NRC administrative review, 

documented in an e-mail sent to the 

Licensee on November 7, 2007, found 

the application acceptable to begin a 

more detailed technical review. If the 

application is granted, the license 

would be amended for administrative 

purposes to reflect the transfer, by 

replacing references to Louisiana Energy 

Services, L.P., in the license with 

references to Louisiana Energy Services, 

L.L.C. 

Pursuant to Title 10 of the Code of 

Federal Regulations (CFR), section 

70.36, no license granted under 10 CFR 

part 70, and no right thereunder to use 

special nuclear material, shall be 

transferred, assigned, or in any manner 

disposed of, directly or indirectly, 

through transfer of control of any 

license to any person unless the 

Commission shall, after securing full 

information, find that the transfer is in 

accordance with the Atomic Energy Act 

(AEA), and gives its consent in writing. 

The Commission will approve an 

application for the indirect transfer of a 

license, if the Commission determines 

that the proposed restructuring and 

reorganization will not affect the 

qualifications of the Licensee to hold 

the license, and that the transfer is 

otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission 

pursuant thereto. 

If the October 19 application is 

granted, the license would be amended 

to reflect the Licensee’s new status as an 

LLC, and UDE’s reorganized ownership. 

Before such a license amendment is 

issued, the NRC will have made the 

findings required by the AEA and NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report. An Environmental Assessment 

(EA) will not be performed because, 

pursuant to 10 CFR 51.22(c)(21), license 

transfer approvals and associated 

license amendments are categorically 

excluded from the requirement to 

perform an EA. 

II. Opportunity to Request a Hearing 

Within 20 days from the date of 

publication of this notice, any person(s) 

whose interest may be affected and who 

desires to participate as a party must file 

a request for a hearing. The hearing 

request must include a specification of 

the contentions that the person seeks to 

have litigated in the hearing, and must 

be filed in accordance the NRC E-filing 

rule, which the NRC promulgated in 

August 2007 (72 FR 49139; August 28, 

2007). The E-Filing rule requires 

participants to submit and serve 

documents over the internet or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least five (5) 

days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 5883 

calling (301) 415–1677, to request (1) a 

digital identification (ID) certificate, 

which allows the participant (or its 

counsel or representative) to digitally 

sign documents and access the 

E-Submittal server for any proceeding in 

which it is participating; and/or (2) 

creation of an electronic docket for the 

proceeding (even in instances in which 

the petitioner/requestor (or its counsel 

or representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

Viewer(tm) to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms Viewer(tm) is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209, 

or locally (301) 415–4737. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, in accordance with 10 CFR 

2.302(g), with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

First class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville, Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at: http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

social security numbers in their filings. 

With respect to copyrighted works, 

except for limited excerpts that serve 

the purpose of the adjudicatory filings 

and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their submission. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3)), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

February 20, 2008. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application, supporting safety analysis 


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5884 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 

report, environmental report or other 

supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/ 

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental impact statement, 

environmental assessment, or any 

supplements relating thereto, that differ 

significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Safety Evaluation 

Report for the proposed action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Environmental Report 

for the proposed action. 

3. Emergency Planning—primarily 

concerns issues relating to matters 

discussed or referenced in the 

Emergency Plan as it relates to the 

proposed action. 

4. Physical Security—primarily 

concerns issues relating to matters 

discussed or referenced in the Physical 

Security Plan as it relates to the 

proposed action. 

5. Miscellaneous—does not fall into 

one of the categories outlined above. 

If the requester/petitioner believes a 

contention raises issues that cannot be 

classified as primarily falling into one of 

these categories, the requester/petitioner 

must set forth the contention and 

supporting bases, in full, separately for 

each category into which the requester/ 

petitioner asserts the contention belongs 

with a separate designation for that 

category. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

As indicated below, pursuant to 10 

CFR 2.310(g), any hearing would be 

subject to the procedures set forth in 10 

CFR part 2, Subpart M. 

III. Opportunity to Provide Written 

Comments 

Within 30 days from the date of 

publication of this notice, persons may 

submit written comments regarding the 

license transfer application, as provided 

for in 10 CFR 2.1305. The Commission 

will consider and, if appropriate, 

respond to these comments, but such 

comments will not otherwise constitute 

part of the decisional record. Comments 

should be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and should cite the publication date and 

page number of this Federal Register 

notice. Comments received after 30 days 

will be considered if practicable to do 

so, but only those comments received 

on or before the due date can be assured 

consideration. 

For further details with respect to this 

license transfer application, see the 

application dated October 19, 2007, 

available for public inspection at the 

Commission’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 Agency Wide Documents Access 

and Management System’s (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 by e-mail 

to pdr@nrc.gov. 

Dated at Rockville, Maryland this 24th day 

of January, 2008. 

For the Nuclear Regulatory Commission. 

Brian W. Smith, 

Chief, Enrichment and Conversion Branch, 

Fuel Facility Licensing Directorate, Division 

of Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. E8–1807 Filed 1–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–28134] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

January 25, 2008. 

The following is a notice of 

applications for deregistration under 

section 8(f) of the Investment Company 

Act of 1940 for the month of January 

2008. A copy of each application may be 

obtained for a fee at the SEC’s Public 

Reference Branch (tel. 202–551–5850). 

An order granting each application will 

be issued unless the SEC orders a 

hearing. Interested persons may request 

a hearing on any application by writing 

to the SEC’s Secretary at the address 

below and serving the relevant 

applicant with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the SEC by 5:30 

p.m. on February 19, 2008, and should 

be accompanied by proof of service on 

the applicant, in the form of an affidavit 

or, for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549–

1090. 

FOR FURTHER INFORMATION CONTACT: 

Diane L. Titus at (202) 551–6810, SEC, 

Division of Investment Management, 

Office of Investment Company 

Regulation, 100 F Street, NE., 

Washington, DC 20549–4041. 

Zacks Series Trust 

[File No. 811–9549] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant has 

never made a public offering of its 

securities and does not propose to make 

a public offering or engage in business 

of any kind. 

Filing Dates: The application was 

filed on November 8, 2007, and 

amended on January 11, 2008. 

Applicant’s Address: 100 N. Riverside 

Plaza, Suite 2200, Chicago, IL 60606. 

Van Kampen Income Trust 

[File No. 811–5273] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On June 25, 2007, 

applicant made a final liquidating 

distribution to its shareholders, based 


rwilkins on PROD1PC63 with NOTICES