53724 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices 

which are set forth in the license 

amendment. 

In accordance with 10 CFR 

72.46(b)(2), a determination has been 

made that the amendment does not 

present a genuine issue as to whether 

public health and safety will be 

significantly affected. Therefore, 

immediate action on the license 

amendment may be taken and a notice 

of the action taken will be promptly 

published in the Federal Register. This 

Federal Register notice also informs 

interested persons of the right to request 

a hearing on whether the action should 

be rescinded or modified. 

Also in connection with this action, 

the Commission prepared an 

Environmental Assessment (EA) and a 

Finding of No Significant Impact 

(FONSI). The Notice of Availability of 

the EA and FONSI for Prairie Island 

ISFSI was published in the Federal 

Register on December 4, 2009 (74 FR 

63798). 

In accordance with 10 CFR 2.390 of 

the NRC’s ‘‘Rules of Practice,’’ a copy of 

the EA and FONSI are available 

electronically for public inspection in 

the NRC Public Document Room or from 

the Publicly Available Records (PARS) 

component of NRC’s document system 

(ADAMS). ADAMS is accessible from 

the NRC Web site at http://www.nrc.gov/ 

NRC/ADAMS/index.html (the Public 

Electronic Reading Room). 

Dated at Rockville, Maryland, this 20th day 

of August 2010. 

For the Nuclear Regulatory Commission. 

Eric Benner, 

Branch Chief, Division of Spent Fuel Storage 

and Transportation, Office of Nuclear 

Material Safety and Safeguards. 

[FR Doc. 2010–21826 Filed 8–31–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0289] 

Notice of Availability and Opportunity 

for Comment on Draft Division of 

Safety Systems Interim Staff Guidance 

DSS–ISG–2010–01: Staff Guidance 

Regarding the Nuclear Criticality 

Safety Analysis for Spent Fuel Pools 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Solicitation of public comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) requests public 

comment on a draft Division of Safety 

Systems Interim Staff Guidance, (DSS– 

ISG) DSS–ISG–2010–01, ‘‘Staff Guidance 

Regarding the Nuclear Criticality Safety 

Analysis for Spent Fuel Pools.’’ This 

draft DSS–ISG provides updated 

guidance to the NRC staff reviewer to 

address the increased complexity of 

recent spent fuel pool (SFP) license 

application analyses and operations. 

The guidance is intended to reiterate 

existing guidance, clarify ambiguity in 

existing guidance, and identify lessons 

learned based on recent submittals. 

DATES: Comments may be submitted by 

October 1, 2010. Comments received 

after this date will be considered, if it 

is practical to do so, but only comments 

received on or before this date can be 

assured consideration. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2010– 

0289 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site http:// 

www.regulations.gov. Your comments 

will not be edited to remove any 

identifying or contact information, 

therefore, you should not include any 

information in your comments that you 

do not want publicly disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0289. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy K. Bladey, 

Chief, Rules, Announcements and 

Directives Branch, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RADB at (301) 492– 

3667. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into 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’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The Staff 

Guidance Regarding the Nuclear 

Criticality Safety Analysis 

Accompanying Spent Fuel Pool License 

Amendment Requests, DSS–ISG–2010– 

01, is available electronically under 

ADAMS Accession Number 

ML102220567. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2010–0289. 

FOR FURTHER INFORMATION CONTACT: Kent 

A. L. Wood, Reactor Systems Engineer, 

Reactor Systems Branch, Division of 

Safety Systems, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Rockville, 

Maryland 20852. Telephone: (301) 

415–4120; fax number: (301) 415–3577; 

e-mail: Kent.Wood@nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

is issuing this notice to solicit public 

comments on the draft DSS–ISG–2010– 

01, ‘‘Staff Guidance Regarding the 

Nuclear Criticality Safety Analysis 

Accompanying Spent Fuel Pool License 

Amendment Requests.’’ After the NRC 

staff considers any public comments 

received, it will make a determination 

regarding issuance of the proposed 

DSS–ISG. 

Dated at Rockville, Maryland, this 25th day 

of August 2010. 

For the Nuclear Regulatory Commission. 

William H. Ruland, 

Director, Division of Safety Systems, Office 

of Nuclear Reactor Regulation. 

[FR Doc. 2010–21825 Filed 8–31–10; 8:45 am] 

BILLING CODE 7590–01–P 

PERSONNEL MANAGEMENT OFFICE 

Proposed Collection; Equal 

Employment Opportunity Commission 

(EEOC) Form, Demographic 

Information on Applicants, OMB 3046– 

0046; Correction 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Notice; correction. 

SUMMARY: The published document in 

the Federal Register of August 2, 2010, 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Notices 53725 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5 15 U.S.C. 78s(b)(1). 

6 17 CFR 240.19b–4. 

7The Commission notes that the exception for 

companies registered under the 1940 Act only 

apply to uncontested director elections, i.e., when 

there is no counter solicitation. See proposed Phlx 

Rule 862(b)(2). 

8See NYSE Approval Order, 74 FR at 33298, 

Commission Release No. 34–60215 (July 1, 2009), 

note 69. 

concerning Proposed collection. The 

document contained incorrect dates. 

DATES: Effective on September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: U.S. 

Office of Personnel Management, 

Employment Services, USAJOBS, 1900 

E Street, NW., Washington, DC 20415, 

Attention: Patricia Stevens or send 

electronic mail to 

patricia.stevens@opm.gov. 

Correction 

In the Federal Register of Monday, 

August 2, 2010, at 75 FR 45173, in the 

third column, correct the DATES section 

to read: 

DATES: Effective on December 12, 2010. 

U.S. Office of Personnel Management. 

Angela Bailey, 

Deputy Associate Director for Recruitment 

and Diversity. 

[FR Doc. 2010–21799 Filed 8–31–10; 8:45 am] 

BILLING CODE 6325–39–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62775; File No. SR–PHLX– 

2010–115] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Amendment to Rule 

862 Relating to, Among Other Things, 

Eliminate Broker Discretionary Voting 

for All Elections of Directors, Except 

for Companies Registered Under the 

Investment Company Act of 1940 

August 26, 2010. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on August 

18, 2010, NASDAQ OMX PHLX, Inc. 

(‘‘PHLX’’ 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 prepared 

by the Exchange. The Exchange filed the 

proposal as a ‘‘non-controversial’’ 

proposed rule change pursuant to 

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

Rule 19b–4(f)(6) thereunder.4 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 Exchange, pursuant to Section 

19(b)(1) of the Act 5 and Rule 19b–4 

thereunder,6 proposes to amend PHLX 

Rule 862 (Proxies at Direction of Owner) 

to comport with the Chicago Board 

Options Exchange (‘‘CBOE’’) Rule 

31.85(b) and the New York Stock 

Exchange (‘‘NYSE’’) Rule 452 to 

eliminate broker discretionary voting for 

all elections of directors at shareholder 

meetings, whether contested or not, 

except for companies registered under 

the Investment Company Act of 1940 

(the ‘‘1940 Act’’),7 to amend PHLX Rule 

862 to preclude broker discretionary 

voting on a matter that materially 

amends an investment advisory contract 

with an investment company, and to 

define that a material amendment to an 

investment advisory contract would 

include any proposal to obtain 

shareholder approval of an investment 

company’s investment advisory contract 

with a new investment advisor. In 

addition, including the changes noted 

above, this proposal reorganizes the 

broker voting rules to specifically 

include 20 instances where member 

organizations may not vote without 

customer instructions, while retaining 

the prohibition that the member 

organization may not vote without 

instructions from the customer on 

matters that may substantially affect the 

rights and privileges of the stockholders. 

This proposal also clarifies proxy 

procedures and proxy record retention. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/ 

micro.aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, and at 

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 

PHLX Rule 862 provides instructions 

on how the proxies are voted. The 

purpose of the proposed rule change is 

to amend PHLX Rule 862(2) to comport 

with CBOE Rule 31.85(b) and NYSE 

Rule 452 to eliminate broker 

discretionary voting for all elections of 

directors at shareholder meetings, 

whether contested or not, except for 

companies registered under the 

Investment Company Act of 1940 (the 

‘‘1940 Act’’), to amend PHLX Rule 862 

to preclude broker discretionary voting 

on a matter that materially amends an 

investment advisory contract with an 

investment company, and to define that 

a material amendment to an investment 

advisory contract would include any 

proposal to obtain shareholder approval 

of an investment company’s investment 

advisory contract with a new 

investment advisor. In addition, 

including the changes noted above, this 

proposal reorganizes the broker voting 

rules to specifically include 20 

instances where member organizations 

may not vote without customer 

instructions, while retaining the 

prohibition that the member 

organization may not vote without 

instructions from the customer on 

matters that may substantially affect the 

rights and privileges of the stockholders. 

This proposal also clarifies proxy 

procedures and proxy record retention. 

The proposed amendment does not 

materially change the proxy rules with 

the exception of the changes made in 

this filing. Amending PHLX Rule 862 to 

comport with CBOE Rule 31.85 (b) and 

NYSE Rule 452 provides consistency 

among the exchanges to eliminate 

disparities regarding proxy voting. The 

Exchange proposes this amendment in 

response to a request by the Securities 

and Exchange Commission (the 

‘‘Commission’’) that self-regulatory 

organizations have uniform proxy rules 

regarding broker discretionary voting.8

As a result, PHLX believes the broker 

discretionary voting amendments will 

have little impact on the market 

participants since the changes are in 

line with the rules of the other selfregulatory organizations as defined 

within the meaning of Section 3(a)(26) 


hsrobinson on DSK69SOYB1PROD with NOTICES