Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 6071 

Procedure Act for changes to regulations 

or guidance in the United States. There 

are many areas in which the existing 

BSS and the draft BSS available for 

comment are known to differ from the 

current provisions in the regulations of 

various Federal and State agencies in 

the United States. Thus, views 

expressed on the IAEA draft BSS are not 

considered as comments on any current 

or possible future regulation activity, 

but are useful to assist the international 

community in developing a logical, 

scientifically based set of requirements. 

Furthermore, the IAEA BSS can serve as 

one possible point of reference in the 

ongoing consideration by various U.S. 

Agencies of possible regulatory options 

which may or may not result in a greater 

degree of alignment with international 

radiation protection recommendations, 

such as those in ICRP Publication 103. 

ISCORS is a Committee of Federal 

Agencies intended to foster early 

resolution and coordination of 

regulatory issues associated with 

radiation standards and guidelines. 

Federal Agencies who are members of 

ISCORS include the U.S. Environmental 

Protection Agency, the U.S. Nuclear 

Regulatory Commission, the U.S. 

Department of Energy, the U.S. 

Department of Defense, the U.S. 

Department of Homeland Security, the 

U.S. Department of Transportation, the 

Occupational Safety and Health 

Administration of the U.S. Department 

of Labor, and the U.S. Department of 

Health and Human Services. The Office 

of Science and Technology Policy, and 

the Office of Management and Budget 

are observers to the Committee because 

of their science policy and regulatory 

policy responsibilities. Representatives 

from selected state radiation control 

organizations and the Defense Nuclear 

Facilities Safety Board are also 

observers to the Committee because of 

their expertise in regulatory 

implementation and oversight. 

Attendees at the meeting are invited 

to express their views on the draft safety 

requirement DS379. The views 

expressed during the meeting will be 

considered for incorporation, along with 

comments developed within the 

Agencies, and will help determine the 

U.S. Government comments on the draft 

BSS to be submitted to the IAEA. 

ISCORS recognizes that a variety of 

views may be provided, and that 

viewpoints may differ. ISCORS does not 

intend to provide specific feedback to 

those attending the public meeting, and 

attendees should have no expectation 

that the views expressed during the 

meeting will be included in the U.S. 

Government comments submitted to 

IAEA. However, ISCORS, and its 

members agencies, believe that is 

important to provide an opportunity for 

the public to express their views on the 

BSS through this forum. Comments 

submitted by Member States, including 

the United States, will be available on 

the IAEA web site. Note that future 

domestic rulemakings, if appropriate, 

will continue to follow established 

rulemaking procedures, including the 

opportunity to formally comment on 

proposed rules. 

Dated at Rockville, Maryland, this 28th day 

of January, 2010. 

For the Nuclear Regulatory Commission. 

Robert J. Lewis, 

Director, Division of Material Safety and State 

Agreements, Office of Federal and State 

Materials, and Environmental Management 

Programs. 

[FR Doc. 2010–2547 Filed 2–4–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–277 and 50–278; NRC– 

2010–0042] 

Exelon Generation Company, LLC; 

PSEG Nuclear, LLC; Peach Bottom 

Atomic Power Station Units 2 and 3; 

Notice of Withdrawal of Application for 

Amendment to Facility Operating 

License 

The U.S. Nuclear Regulatory 

Commission (the Commission) has 

granted the request of Exelon 

Generation Company, LLC, (Exelon) and 

PSEG Nuclear, LLC, to withdraw the 

portion of its August 7, 2008, 

application related to incorporation of 

Technical Specification Task Force 

Traveler 363, Revision 0, for proposed 

amendment to Facility Operating 

License Nos. DPR–44 and DPR–56 for 

the Peach Bottom Atomic Power Station 

(PBAPS), Units 2 and 3, located in York 

and Lancaster Counties, Pennsylvania. 

The proposed amendment would 

have revised the Technical 

Specifications to incorporate TSTF– 

363–A, ‘‘Revise Topical Report 

References in ITS [improved technical 

specifications] 5.6.5, COLR [Core 

Operating Limits Report],’’ Revision 0. 

The amendment would have modified 

the PBAPS Units 2 and 3 TS 5.6.5, ‘‘Core 

Operating Limits Report (COLR),’’ to 

remove the requirement to maintain 

COLR Topical Report references by 

number, title, date, and NRC staff 

approved document, if included. 

Incorporation of the TSTF would have 

permitted referencing of the topical 

report by number and title only in the 

TSs, with the additional details being 

controlled within the COLR document. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on May 5, 2009 (74 

FR 20744). However, by letter dated 

January 19, 2010, the licensee withdrew 

the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated August 7, 2008, and 

the licensee’s letter dated January 19, 

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 Agencywide Documents Access and 

Management System (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 29th day 

of January 2010. 

For the Nuclear Regulatory Commission. 

John D. Hughey, 

Project Manager, Plant Licensing Branch 

LPL1–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–2532 Filed 2–4–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release Nos. 33–9104; 34–61462; File No. 

265–25–03] 

Investor Advisory Committee 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of meeting of SEC 

Investor Advisory Committee. 

SUMMARY: The Securities and Exchange 

Commission Investor Advisory 

Committee is providing notice that it 

will hold a public meeting on Monday, 

February 22, 2010, in the Multipurpose 

Room, L–006, at the Commission’s main 

offices, 100 F Street, NE., Washington, 

DC. The meeting will begin at 9 a.m. 

(EST) and will be open to the public. 

The Committee meeting will be webcast 

on the Commission’s Web site at 


srobinson on DSKHWCL6B1PROD with NOTICES
6072 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3Nasdaq is also proposing to eliminate certain 

abbreviations that are used inconsistently and 

utilize defined terms, as appropriate, in Rules 5810 

and 5840, and to remove authority in Rule 

5810(c)(2)(C) that is duplicated in Rule 

5810(c)(2)(B). 

4See Securities Exchange Act Release No. 46267 

(September 2, 2009), 74 FR 46267 (‘‘Notice’’). 

5See letter from Barbara Roper, Director of 

Investor Protection, Consumer Federation of 

America, to Elizabeth M. Murphy, Secretary, 

Commission, dated September 28, 2009 (‘‘CFA 

Comment Letter’’); letter from Alan F. Eisenberg, 

Executive Vice President, Biotechnology Industry 

Organization (‘‘BIO’’) to Elizabeth M. Murphy, 

Secretary, Commission, dated September 29, 2009 

(‘‘BIO Comment Letter’’); and letter from Jason S. 

Frankl, Senior Managing Director, FTI Consulting 

(‘‘FTI’’), to Elizabeth M. Murphy, Secretary, 

Commission, dated October 5, 2009 (‘‘FTI Comment 

Letter’’). 

6See letter from Arnold Golub, Vice President 

and Associate General Counsel, Nasdaq, to 

Elizabeth Murphy, Secretary, Commission, dated 

December 28, 2009 (‘‘Nasdaq Response Letter’’). 

7Nasdaq Rule 5810(b)(3)(C). NASDAQ changed 

the period to regain compliance with the market 

value of listed securities requirement from 30 to 90 

days in January of last year. Securities Exchange 

Act Release No. 59291 (January 23, 2009), 74 FR 

5197 (January 29, 2009) (SR–NASDAQ–2009–002). 

8Nasdaq Rule 5810(b)(3)(D). 

9Nasdaq Rule 5810(b)(3)(A). 

http://www.sec.gov. Persons needing 

special accommodations to take part 

because of a disability should notify a 

contact person listed below. The public 

is invited to submit written statements 

to the Committee. 

The agenda for the meeting includes: 

(i) Consideration of a Committee recusal 

policy; (ii) report from the Education 

Subcommittee, including a presentation 

on the National Financial Capability 

Survey; (iii) report from the Investor as 

Purchaser Subcommittee, including a 

discussion of fiduciary duty and 

mandatory arbitration; (iv) report from 

the Investor as Owner Subcommittee, 

including recommendations for the 

Committee on Regulation FD and proxy 

voting transparency, as well as reports 

on a work plan for environmental, 

social, and governance disclosure and 

on financial reform legislation; and (v) 

discussion of next steps and closing 

comments. 

DATES: Written statements should be 

received on or before February 16, 2010. 

ADDRESSES: Written statements may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

submission form (http://www.sec.gov/ 

rules/other.shtml); or 

• Send an e-mail message to rulecomments@sec.gov. Please include File 

Number 265–25–03 on the subject line. 

Paper Comments 

• Send paper statements in triplicate 

to Elizabeth M. Murphy, Federal 

Advisory Committee Management 

Officer, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File No. 

265–25–03. This file number should be 

included on the subject line if e-mail is 

used. To help us process and review 

your statements more efficiently, please 

use only one method. The Commission 

will post all statements on the Advisory 

Committee’s Web site (http:// 

www.sec.gov/spotlight/ 

investoradvisorycommittee.shtml). 

Statements are available for Web site 

viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

All statements received will be posted 

without change; we do not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Kayla J. Gillan, Deputy Chief of Staff, 

Office of the Chairman, at (202) 551– 

2100, or Owen Donley, Chief Counsel, 

Office of Investor Education and 

Advocacy, at (202) 551–6322, Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

6561. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 10(a) of the 

Federal Advisory Committee Act, 5 

U.S.C. App. 1, section 10(a), Kayla J. 

Gillan, Designated Federal Officer of the 

Committee, has approved publication of 

this notice. 

Dated: February 2, 2010. 

Elizabeth M. Murphy, 

Committee Management Officer. 

[FR Doc. 2010–2519 Filed 2–4–10; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61446; File No. SR– 

NASDAQ–2009–077] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Order 

Approving Proposed Rule Change To 

Modify the Procedures Followed When 

a Listed Company Falls Below Certain 

Listing Requirements 

January 29, 2010. 

I. Introduction 

On August 17, 2009, The NASDAQ 

Stock Market LLC (‘‘Nasdaq’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

modify the length of certain compliance 

periods in Nasdaq’s continued listing 

requirements and to modify the time 

available for a company to provide a 

plan to regain compliance with certain 

listing requirements.3 The proposed rule 

change was published for comment in 

the Federal Register on September 8, 

2009.4 The Commission received three 

comment letters on the proposal.5 On 

December 28, 2009 the Exchange filed a 

response to the comment letter.6 This 

order approves the proposed rule 

change. 

II. Description of the Proposal 

Price Related Criteria 

Under Nasdaq’s current continued 

listing requirements relating to market 

value of listed securities, a company is 

considered to be non-compliant after 

falling below the standard for 10 

consecutive trading days.7 Thereafter, 

the company is provided 90 calendar 

days to regain compliance with the 

market value of listed securities 

requirement. Further, Nasdaq’s current 

continued listing rules relating to 

market value of publicly held shares 

provide that a company is deficient if it 

is below the standard for 30 consecutive 

trading days. Upon such failure, the 

company is provided with 90 calendar 

days to regain compliance.8

Nasdaq proposes to modify the length 

of time required to trigger noncompliance with the market value of 

listed securities requirement and to 

modify the compliance periods 

associated with the Exchange’s market 

value of listed securities and market 

value of publicly held shares continued 

listing requirements. Nasdaq notes that, 

under its bid price continued listing 

standard, if a company’s security has a 

closing bid price below $1.00 for 30 

consecutive trading days, it no longer 

meets the bid price requirement and is 

automatically provided 180 calendar 

days to regain compliance.9 Nasdaq 

asserts that because compliance with 

each of these rules is directly related to 

the price of an issuer’s security, the 

length of time to trigger noncompliance, and the amount of time 

afforded as a compliance period, should 

be consistent. As such, Nasdaq proposes 

to lengthen the period that a company 

would need to be below the market 


srobinson on DSKHWCL6B1PROD with NOTICES