Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62153 

For the U.S. Nuclear Regulatory 

Commission. 

Paul Michalak, 

Chief, Materials Decommissioning Branch, 

Decommissioning and Uranium Recovery 

Licensing Directorate, Division of Waste 

Management and Environmental Protection, 

Office of Federal and State Materials, and 

Environmental Management Programs. 

[FR Doc. 2010–25276 Filed 10–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–9073; NRC–2009–0364] 

Notice of the Nuclear Regulatory 

Commission Issuance of Materials 

License SUA–1596 for Uranium One 

Americas, Inc. Moore Ranch In Situ 

Recovery Facility 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance of materials 

license SUA–1596. 

SUPPLEMENTARY INFORMATION: The 

Nuclear Regulatory Commission (NRC) 

has issued a license to Uranium One 

Americas, Inc. (Uranium One) for its 

Moore Ranch uranium in situ recovery 

(ISR) facility in Campbell County, 

Wyoming. Materials License SUA–1596 

authorizes Uranium One to operate its 

facility as proposed in its license 

application, as amended, and to possess 

uranium source and 11.e(2) byproduct 

material at the Moore Ranch facility. 

Furthermore, Uranium One will be 

required to operate under the conditions 

listed in Materials License SUA–1596. 

This notice also serves as the record 

of decision for the NRC decision 

granting the Uranium One application 

for the Moore Ranch facility and issuing 

Materials License SUA–1596. This 

record of decision satisfies the 

regulatory requirement in Section 

51.102(a) of Title 10 of the Code of 

Federal Regulations, which requires a 

Commission decision on any action for 

which a final environmental impact 

statement has been prepared to be 

accompanied by or include a concise 

public record of decision. 

The NRC has always considered that 

the entire publically available record for 

a license application as the agency’s 

record of decision. Documents related to 

the application carry docket number 40– 

9073. These documents for the Moore 

Ranch ISR facility include the license 

application (including the applicant’s 

environmental report) [ML072851218], 

the Commission’s Safety Evaluation 

Report (SER) published in September 

2010 [ML101310291] and the 

Commission’s Final Supplemental 

Environmental Impaction Statement 

(FSEIS) (NUREG–1910, Supplement 1) 

published in August 2010 

[ML102290470]. As discussed in the 

Moore Ranch FSEIS, the Commission 

considered a range of alternatives. The 

reasonable alternatives discussed in 

detail were the applicant’s proposal as 

described in its license application to 

conduct in situ uranium recovery on the 

site and the no-action alternative. Other 

alternatives considered but eliminated 

from detailed analysis include 

conventional uranium mining and 

milling, conventional mining and heap 

leach processing, alternative site 

location, alternate lixiviants and 

alternate wastewater treatment methods. 

The factors considered when evaluating 

the alternatives, discussion of 

preferences among the alternatives, and 

license conditions and monitoring 

programs related to mitigation measures 

are also discussed in the Moore Ranch 

FSEIS. 

The NRC has found that the 

application for the source material 

license complied with the standards and 

requirements of the Atomic Energy Act 

of 1954, as amended (the Act), and the 

Commission’s regulations. As required 

by the Act and the Commission’s 

regulations in 10 CFR 40.32(b–c), the 

staff has found that Uranium One is 

qualified by reason of training and 

experience to use source material for the 

purpose it requested; and that Uranium 

One’s proposed equipment and 

procedures for use at its Moore Ranch 

facility are adequate to protect public 

health and minimize danger to life or 

property. The NRC staff’s review 

supporting these findings is 

documented in the SER. The NRC staff 

has also concluded, in accordance with 

10 CFR 40.32(d), that issuance of 

Materials License SUA–1596 to 

Uranium One will not be inimical to the 

common defense and security or to the 

health and safety of the public. 

Uranium One’s request for a materials 

license was previously noticed in the 

Federal Register on January 25, 2008 

(73 FR 4642), with a notice of an 

opportunity to request a hearing. The 

NRC did not receive any requests for a 

hearing on the license application. 

SUPPLEMENTARY INFORMATION: In 

accordance with 10 CFR 2.390 of the 

NRC’s ‘‘Rules of Practice,’’ the details 

with respect to this action, including the 

SER and accompanying documentation 

and license, 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 ADAMS accession 

numbers for the documents related to 

this notice are: 

1 ................... Applicant’s application, October 2, 2007 .................................................................................................................. ML072851218 

2 ................... First Response to Request for Additional Information, July 11, 2008 ...................................................................... ML082060521 

3 ................... Second Response to Request for Additional Information, October 28, 2008 .......................................................... ML090370721 

4 ................... First Open Issue Response, December 4, 2009 ...................................................................................................... ML093440347 

5 ................... Second Open Issue Response, December 10, 2009 ............................................................................................... ML093570333 

6 ................... Third Open Issue Response, January 18, 2010 ....................................................................................................... ML100250919 

7 ................... Generic Environmental Impact Statement for In Situ Leach Uranium Milling Facilities, May 2009 ........................ ML091530075 

8 ................... Supplemental Environmental Impact Statement for the Moore Ranch In Situ Recovery Project, 

August 2010. 

ML102290470 

9 ................... NRC Safety Evaluation Report, September 2010 .................................................................................................... ML101310291 

10 ................. Source Materials License for the Moore Ranch, September 28, 2010 .................................................................... ML102345678 

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 via e-mail to 

PDR.Resource@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. 

FOR FURTHER INFORMATION CONTACT: 

Douglas T. Mandeville, Project Manager, 

Uranium Recovery Licensing Branch, 

Decommissioning and Uranium 

Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of 


jdjones on DSK8KYBLC1PROD with NOTICES
62154 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 

1 Van Eck Associates Corporation, et al., 

Investment Company Act Release Nos. 27283 (Apr. 

7, 2006) (notice) and 27311 (May 2, 2006) (order), 

as subsequently amended by Van Eck Associates 

Corporation, et al., Investment Company Act 

Release Nos. 27694 (Jan. 31, 2007) (notice) and 

27742 (Feb. 27, 2007) (order), Van Eck Associates 

Corporation, et al., Investment Company Act 

Release Nos. 28007 (Sept. 28, 2007) (notice) and 

28021 (Oct. 24, 2007) (order), Van Eck Associates 

Corporation, et al., Investment Company Act 

Release Nos. 28349 (July 31, 2008) (notice) and 

28365 (August 25, 2008) (order). 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–0724; fax number: (301) 415– 

5369; e-mail: 

douglas.mandeville@nrc.gov. 

Dated at Rockville, Maryland, this 30th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. 2010–25274 Filed 10–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0319; Docket No. 50–400] 

Carolina Power & Light Company; 

Notice of Withdrawal of Application for 

Amendment to Renewed Facility 

Operating License 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) has 

granted the request of the Carolina 

Power & Light Company (the licensee) 

to withdraw its application dated 

September 29, 2008, as supplemented 

by letters dated January 16, 2009, 

August 12, 2009, January 18, 2010, and 

August 16, 2010, for a proposed 

amendment to Renewed Facility 

Operating License No. NPF–63 for the 

Shearon Harris Nuclear Power Plant, 

Unit 1, located in Wake County, North 

Carolina. 

The proposed amendment would 

have modified Technical Specification 

(TS) Sections 5.6.1.3.a and 5.6.1.3.b to 

incorporate the results of a new 

criticality analysis. Specifically the TSs 

would be revised to add new 

requirements for the Boiling-Water 

Reactor (BWR) spent fuel storage racks 

containing Boraflex in Spent Fuel Pools 

A and B. The requirements for the BWR 

spent fuel racks currently contained in 

TS 5.6.1.3 would be revised to specify 

applicability to the spent fuel storage 

racks containing Boral in Spent Fuel 

Pool B. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on February 24, 

2009 (74 FR 8283). However, by letter 

dated September 28, 2010, the licensee 

withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated September 29, 2008 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML082800410), as 

supplemented by letters dated January 

16, 2009, (ADAMS Accession No. 

ML090230373), August 12, 2009 

(ADAMS Accession No. ML092310549), 

January 18, 2010 (ADAMS Accession 

No. ML100250850), and August 16, 

2010 (ADAMS Accession No. 

ML102370768), and the licensee’s letter 

dated September 28, 2010, which 

withdrew the application for license 

amendment. 

Documents may be examined, and/or 

copied for a fee, at the NRC’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 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.resource@nrc.gov. 

Dated at Rockville, Maryland, this 30th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Douglas A. Broaddus, 

Chief, Plant Licensing Branch II–2, Division 

of Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation. 

[FR Doc. 2010–25281 Filed 10–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

29455; 812–13624] 

Van Eck Associates Corporation, et al.; 

Notice of Application 

October 1, 2010. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application to 

amend a prior order under section 6(c) 

of the Investment Company Act of 1940 

(‘‘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, 

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

for an exemption from sections 17(a)(1) 

and (a)(2) of the Act, and under section 

12(d)(1)(J) of the Act granting an 

exemption from sections 12(d)(1)(A) and 

12(d)(1)(B) of the Act. 

Summary of Application: Applicants 

request an order to amend a prior order 

that permits: (a) Series of an open-end 

management investment company (each 

a ‘‘Fund,’’ collectively, the ‘‘Funds’’) to 

issue shares that can be redeemed only 

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

(b) secondary market transactions in 

shares to occur at negotiated prices; (c) 

dealers to sell such shares to secondary 

market purchasers unaccompanied by a 

statutory prospectus when prospectus 

delivery is not required by the 

Securities Act of 1933 (‘‘Securities Act’’); 

(d) under specified limited 

circumstances, certain Funds to pay 

redemption proceeds more than seven 

days after the tender of shares; (e) 

certain registered management 

investment companies and unit 

investment trusts outside of the same 

group of investment companies as the 

Funds to acquire shares; and (f) certain 

affiliated persons of the Funds to 

deposit securities into, and receive 

securities from, the Funds in connection 

with the purchase and redemption of 

Creation Units of such Funds (‘‘Prior 

Order’’).1 Applicants seek to amend the 

Prior Order to: (a) Permit certain Funds 

based on equity and/or fixed income 

securities indexes for which Van Eck 

Associates Corporation (‘‘Adviser’’) or an 

‘‘affiliated person’’ of the Adviser as 

defined in section 2(a)(3) of the Act, is 

an index provider (each a ‘‘Self Indexing 

Fund’’); (b) delete the relief granted from 

section 24(d) of the Act and revise 

various disclosure requirements in the 

applications for the Prior Order (‘‘Prior 

Applications’’); (c) modify the 80% 

investment requirement in the Prior 

Applications; (d) revise the discussion 

of depositary receipts in the Prior 

Applications; and (e) revise the 

discussion in the Prior Applications of 

the composition of securities deposited 

with the Fund to purchase Creation 

Units (‘‘Deposit Securities’’) and 

securities received in connection with 

redemption of Creation Units (‘‘Fund 

Securities’’). 

Applicants: Adviser, Market Vectors 

ETF Trust (‘‘Trust’’), and Van Eck 

Securities Corporation (‘‘Distributor’’). 

Filing Dates: The application was 

filed on January 23, 2009, and amended 


jdjones on DSK8KYBLC1PROD with NOTICES