Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 25583 

Criteria for License Termination of NRCLicensed Nuclear Facilities’’ Volumes 

1–3 (NUREG–1496) (ADAMS Accession 

Nos. ML042310492, ML042320379, and 

ML042330385). The staff finds there 

were no significant environmental 

impacts from the use of radioactive 

material at the Facility. The NRC staff 

reviewed the docket file records and the 

final status survey report to identify any 

non-radiological hazards that may have 

impacted the environment surrounding 

the Facility. No such hazards or impacts 

to the environment were identified. The 

NRC has identified no other radiological 

or non-radiological activities in the area 

that could result in cumulative 

environmental impacts. 

The NRC staff finds that the proposed 

release of the Facility for unrestricted 

use and the termination of the NRC 

materials license is in compliance with 

10 CFR 20.1402. Based on its review, 

the staff considered the impact of the 

residual radioactivity at the Facility and 

concluded that the proposed action will 

not have a significant effect on the 

quality of the human environment. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

Due to the largely administrative 

nature of the proposed action, its 

environmental impacts are small. 

Therefore, the only alternative the staff 

considered is the no-action alternative, 

under which the staff would leave 

things as they are by simply denying the 

amendment and termination request. 

This no-action alternative is not feasible 

because it conflicts with 10 CFR 

30.36(d), requiring that 

decommissioning of byproduct material 

facilities be completed and approved by 

the NRC after licensed activities cease. 

The NRC’s analysis of the Licensee’s 

final status survey data confirms that 

the Facility meets the requirements of 

10 CFR 20.1402 for unrestricted release 

and for license termination. 

Additionally, denying the amendment 

and termination 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 is consistent with the 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. Because 

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 

NRC provided a draft of this 

Environmental Assessment to the State 

of Connecticut, Department of 

Environmental Protection, Division of 

Radiation, for review on April 9, 2009. 

The State replied by electronic mail on 

April 17, 2009, indicating they agreed 

with the conclusions of the 

Environmental Assessment. 

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 license 

amendment and termination 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 

Documents 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. NRC License No. 06–30693–01 

Amendment 05 issued January 15, 2009 

(ADAMS Accession No. ML013270325); 

2. Termination request dated March 

12, 2009 (ADAMS Accession No. 

ML090780841); 

3. Additional information on 

termination request dated March 20, 

2009 (ADAMS Accession No. 

ML090970767); 

4. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance,’’ 

Volume 2; 

5. Title 10, Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination’’; 

6. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions’’; 

7. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities,’’ Volumes 

1–3. 

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 1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at 475 Allendale Road, King of 

Prussia, PA this 19th day of May 2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial & R&D, Division of 

Nuclear Materials Safety, Region I. 

[FR Doc. E9–12402 Filed 5–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS); Meeting of the 

ACRS Subcommittee on ESBWR; 

Notice of Meeting 

The ACRS Subcommittee on the 

Economic Simplified Boiling Water 

Reactor (ESBWR) will hold a meeting on 

June 17–18, 2009, 11545 Rockville Pike, 

Room T2–B3 Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed to protect 

information that is proprietary to 

General Electric—Hitachi Nuclear 

Americas, LLC (GEH) and its contractors 

pursuant to 5 U.S.C. 552b(c)(4). 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, June 17, 2009–8:30 a.m.–5 

p.m. 

Thursday, June 18, 2009–8:30 a.m.–5 

p.m. 

The Subcommittee will review the 

resolution of Open Items associated 

with ESBWR design certification related 

to containment issues and review the 

Safety Evaluation Report with Open 

Items associated with the North Anna 

Combined License Application 

referencing the ESBWR design. The 

Subcommittee will hear presentations 

25584 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

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

2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 

by and hold discussions with 

representatives of the NRC staff, GEH, 

Dominion, and other interested persons 

regarding this matter. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official, Christopher Brown, 

(Telephone: 301–415–7111) five days 

prior to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Detailed procedures for the conduct of 

and participation in ACRS meetings 

were published in the Federal Register 

on October 6, 2008 (73 FR 58268– 

58269). 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

6:45 a.m. and 3:30 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes to the agenda. 

Dated: May 22, 2009. 

Cayetano Santos, 

Chief, Reactor Safety Branch A, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. E9–12384 Filed 5–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold Closed Meetings 

on Wednesday, May 27, 2009 at 1 p.m. 

and Thursday, May 28, 2009 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meetings. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meetings. 

Commissioner Casey, as duty officer, 

voted to consider the item listed for the 

Closed Meetings in closed sessions, and 

determined that no earlier notice of the 

May 27, 2009 Closed Meeting was 

possible. 

The subject matter of the Closed 

Meeting scheduled for Wednesday, May 

27, 2009 will be: Institution and 

settlement of injunctive actions; and 

other matters related to enforcement 

proceedings. 

The subject matter of the Closed 

Meeting scheduled for Thursday, May 

28, 2009 will be: Institution and 

settlement of injunctive actions; 

institution and settlement of 

administrative proceedings of an 

enforcement nature; an opinion; and 

other matters related to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: The Office of the Secretary at 

(202) 551–5400. 

Dated: May 21, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–12347 Filed 5–27–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59946; File No. SR–FINRA– 

2009–032] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Amendments 

to FINRA Rule 2360 (Options) 

Regarding Position Limits for Options 

on Exchange-Traded Funds and 

Registration Qualifications With 

Respect to Options Discretionary 

Accounts 

May 20, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on May 11, 

2009, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by FINRA. FINRA has 

designated the proposed rule change as 

constituting a ‘‘non-controversial’’ rule 

change under paragraph (f)(6) of Rule 

19b–4 under the Act,3 which renders 

the proposal effective upon receipt of 

this filing by the Commission. 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 

FINRA is proposing to amend FINRA 

Rule 2360 (Options) to (1) establish 

higher position limits for options on 

selected exchange-traded funds, (2) 

clarify the application of position limits 

to conventional options on exchangetraded funds, and (3) clarify the 

appropriate registration qualifications 

for accepting and reviewing the 

acceptance of options discretionary 

accounts. 

The text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA 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, 

FINRA 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. FINRA has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

parts of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The proposed rule change would add 

Supplementary Material to FINRA Rule 

2360 (Options) to (1) establish higher 

position limits for options on selected 

exchange-traded funds (‘‘ETFs’’) and (2) 

clarify the application of position limits 

to conventional options on ETFs. In 

addition, the proposed rule change 

would amend FINRA Rule 2360(b)(18) 

to clarify the appropriate registration 

qualifications for accepting and 

reviewing the acceptance of options 

discretionary accounts.