54178 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

Technical Analysis of the Proposed 

Action 

10 CFR 30.11(a) states that the 

Commission may grant such exemptions 

from the requirements of the regulations 

as it determines are authorized by law 

and will not endanger life or property or 

the common defense and security and 

are otherwise in the public interest. The 

NRC staff has analyzed the Licensee’s 

request to be authorized to receive and 

take possession of sealed sources and 

devices which have not been registered 

with the NRC under 10 CFR 32.210 or 

with an Agreement State. The NRC staff 

considered that the Licensee is qualified 

by sufficient training and experience 

and has sufficient facilities and 

equipment to handle these sources and 

devices. Furthermore, NRC inspections 

have evaluated the Licensee’s 

performance and determined that the 

Licensee has safely handled these 

unregistered sources for many years. 

Accordingly, the NRC staff has 

concluded that granting this exemption 

is authorized by law, will not endanger 

life or property or the common defense 

and security, and is in the public 

interest. 

Environmental Impacts of the Proposed 

Action 

The proposed action is largely 

administrative in nature. The Licensee 

has handled sources and devices which 

have not been registered by the NRC 

under 10 CFR 32.210, or by an 

Agreement State, for many years. The 

Licensee is qualified by sufficient 

training and experience and has 

sufficient facilities and equipment to 

handle these sources and devices. 

Approving this exemption will have no 

environmental impact. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

Due to the largely administrative 

nature of the proposed action, its 

environmental impacts are small. 

Additionally, denying the exemption 

request would result in no change in 

current environmental impacts. The 

environmental impacts of the proposed 

action and the no-action alternative are 

therefore similar, and the no-action 

alternative is accordingly not further 

considered. 

Conclusion 

The NRC staff has concluded that 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 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 exemption 

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. 

1. Licensee renewal application dated 

June 24, 2005 [ML051890490]. 

2. Licensee letter dated February 1, 

2006 [ML060590605]. 

3. Licensee letter dated June 2, 2006 

[ML061560252]. 

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 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, this 10th day of September 

2008. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety Region I. 

[FR Doc. E8–21802 Filed 9–17–08; 8:45 am] 

BILLING CODE 7590–01–P 

UNITED STATES POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting 

DATE AND TIME: Tuesday, September 23, 

2008, at 12:30 p.m.; and Wednesday, 

September 24, 2008, at 8:30 a.m. and 11 

a.m. 

PLACE: Washington, DC, at U.S. Postal 

Service Headquarters, 475 L’Enfant 

Plaza, SW., in the Benjamin Franklin 

Room. 

STATUS: September 23—12:30 p.m.— 

Closed; September 24—8:30 a.m.— 

Open; September 24—11 a.m.—Closed. 

MATTERS TO BE CONSIDERED: 

Tuesday, September 23 at 12:30 p.m. 

(Closed) 

1. Financial Update. 

2. Fiscal Year 2009 Integrated 

Financial Plan Briefing. 

3. Fiscal Year 2009 Goals and 

Performance Assessment. 

4. Product Pricing. 

5. Strategic Issues. 

6. Personnel Matters and 

Compensation Issues. 

7. Governors’ Executive Session— 

Discussion of prior agenda items and 

Board Governance. 

Wednesday, September 24 at 8:30 a.m. 

(Open) 

1. Minutes of the Previous Meetings, 

May 6–7, and July 28–29, 2008. 

2. Remarks of the Chairman of the 

Board. 

3. Remarks of the Postmaster General 

and CEO. 

4. Committee Reports. 

5. Financial Update. 

6. Preliminary Fiscal Year 2010 

Appropriation Request. 

7. Capital Investments. 

a. Distribution Quality Improvement 

(DQI) Program. 

b. San Francisco, California, 

Townsend Carrier Annex. 

8. Vision 2013—Five-Year Strategic 

Plan. 

9. Board of Governors Bylaw 

Amendments. 

10. National Identity Crimes Law 

Enforcement Network. 

11. Tentative Agenda for the 

November 12–13, 2008, meeting in 

Washington, DC. 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54179 

Wednesday, September 24 at 11:00 a.m. 

(Closed)—If Needed 

1. Continuation of Tuesday’s closed 

session agenda. 

CONTACT PERSON FOR MORE INFORMATION: 

Julie S. Moore, Secretary of the Board, 

U.S. Postal Service, 475 L’Enfant Plaza, 

SW., Washington, DC 20260–1000. 

Telephone (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. E8–21904 Filed 9–16–08; 11:15 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549. 

Extension: 

Form N–2; SEC File No. 270–21; OMB 

Control No. 3235–0026. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission (the 

‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

The title for the collection of 

information is ‘‘Form N–2 (17 CFR 

239.14 and 274.11a–1) under the 

Securities Act of 1933 and under the 

Investment Company Act of 1940, 

Registration Statement of Closed-End 

Management Investment Companies.’’ 

Form N–2 is the form used by closedend management investment companies 

(‘‘closed-end funds’’) to register as 

investment companies under the 

Investment Company Act of 1940 (15 

U.S.C. 80a–1 et seq.) (‘‘Investment 

Company Act’’) and to register their 

securities under the Securities Act of 

1933 (15 U.S.C. 77a et seq.) (‘‘Securities 

Act’’). The primary purpose of the 

registration process is to provide 

disclosure of financial and other 

information to investors and potential 

investors for the purpose of evaluating 

an investment in a security. Form N–2 

also permits closed-end funds to 

provide investors with a prospectus 

containing information required in a 

registration statement prior to the sale or 

at the time of confirmation of delivery 

of securities. The form also may be used 

by the Commission in its regulatory 

review, inspection, and policy-making 

roles. 

The Commission estimates that there 

are 140 initial registration statements 

and 60 post-effective amendments to 

initial registration statements filed on 

Form N–2 annually and that the average 

number of portfolios referenced in each 

initial filing and post-effective 

amendment is 1. The Commission 

further estimates that the hour burden 

for preparing and filing a post-effective 

amendment on Form N–2 is 116.5 hours 

per portfolio. The total annual hour 

burden for preparing and filing posteffective amendments is 6,990 hours (60 

post-effective amendments × 1 

portfolios × 116.5 hours per portfolio). 

The estimated annual hour burden for 

preparing and filing initial registration 

statements is 79,478 hours (140 initial 

registration statements × 1 portfolios × 

567.7 hours per portfolio). The total 

annual hour burden for Form N–2, 

therefore, is estimated to be 86,468 

hours (6,990 hours + 79,478 hours). 

The information collection 

requirements imposed by Form N–2 are 

mandatory. Responses to the collection 

of information will not be kept 

confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid control number. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology. Consideration will be given 

to comments and suggestions submitted 

in writing within 60 days of this 

publication. 

Please direct your written comments 

to Lewis W. Walker, Acting Director/ 

CIO, Securities and Exchange 

Commission, C/O Shirley Martinson, 

6432 General Green Way, Alexandria, 

VA 22312; or send an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: September 10, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21764 Filed 9–17–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28379; 812–13483] 

Rafferty Asset Management, LLC, et 

al.; Notice of Application 

September 12, 2008. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d), 22(e), and 24(d) 

of the Act and rule 22c–1 under the Act, 

and under sections 6(c) and 17(b) of the 

Act for an exemption from sections 

17(a)(1) and 17(a)(2) of the Act. 

Summary of Application: Applicants 

request an order that would permit (a) 

an open-end management investment 

company and its series to issue shares 

(‘‘ETS’’) that can be redeemed only in 

large aggregations (‘‘Creation Units’’); (b) 

secondary market transactions in ETS to 

occur at negotiated prices; (c) dealers to 

sell ETS to purchasers in the secondary 

market unaccompanied by a prospectus 

when prospectus delivery is not 

required by the Securities Act of 1933 

(‘‘Securities Act’’); (d) certain series to 

pay redemption proceeds, under certain 

circumstances, more than seven days 

after the tender of ETS for redemption 

and; (e) certain affiliated persons of the 

series to deposit securities into, and 

receive securities from, the series in 

connection with the purchase and 

redemption of Creation Units. 

Applicants: Rafferty Asset 

Management, LLC (‘‘Adviser’’) and 

Direxion Shares ETF Trust (‘‘Trust’’). 

Filing Dates: The application was 

filed on January 23, 2008 and amended 

on May 8, 2008, August 21, 2008 and 

September 12, 2008. 

Hearing or Notification of Hearing: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on October 3, 2008, and 

should be accompanied by proof of 

service on applicants, 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 

Commission’s Secretary. 


dwashington3 on PRODPC61 with NOTICES