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BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION [Docket No.: 50-483] Callaway Plant, Unit 1; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-30 issued to the Union Electric Company (the licensee) for operation of the Callaway Plant, Unit 1, in Callaway County, Missouri. The proposed amendment, submitted in the licensee's application dated September 9, 2005, would revise Surveillance Requirements

(SRs)3.7.3.1 and 3.7.3.2 and add SR 3.7.3.3 in Technical Specification

(TS)3.7.3, “Main Feedwater Isolation Valves (MFIVs).” The new SR 3.7.3.3 would add Figure 3.7.3-1, the acceptable valve closure time versus the steam generator pressure for the MFIVs, to the TSs. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not

(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or

(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or

(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. Revision of the MFIV stroke time limit has no impact on the frequency of occurrence of those events for which feedwater isolation is credited or assumed. The MFIVs themselves are not part of the initiating mechanisms or failure modes for such events (such as steamline break or feedwater line break). Therefore, the proposed change has no impact on the probability of occurrence of such events and does not involve a significant increase in the probability of an accident previously evaluated. With regard to consequences of previously evaluated accidents, evaluations were documented in References 7.1, 7.2, and 7.3 [(the licensee's letters to the Nuclear Regulatory Commission dated June 27 and December 12, 2003, and September 17, 2004, respectively)] that assessed the impact of the change in MFIV actuators and an associated 15-second MFIV stroke time (for operating conditions that include secondary system pressures above the reference pressure that corresponds to [the] P-11 permissive) on LOCA [loss-of-coolant accident] mass and energy releases; main steamline break mass and energy releases; LOCA and LOCA related transients; non-LOCA transients; LOCA hydraulic forces and steam releases used for radiological consequence calculations. The consequences of those evaluations are not adversely affected by the proposed change to an increasing MFIV stroke time limit where appropriate for lower secondary system pressures. The evaluations discussed in Section 4.0 [of Attachment 2 to the licensee's application dated September 9, 2005,] demonstrate that such an increase in the MFIV stroke time from the 15 seconds assumed in the analyses performed in support of the Callaway RSG [Replacement Steam Generator] Program (Reference 7.3) to a higher bounding stroke time value of 90 seconds where appropriate for lower secondary system pressures is acceptable with respect to the impacted accident analyses. The resulting interpolated TS curve proposed as TS Figure 3.7.3-1 provides an MFIV stroke time limit that is pressure dependent but bounding, as it ensures the applicable FSAR [Callaway Final Safety Analysis Report] Chapter 15 events that credit MFIV closure remain bounding. Therefore, the proposed change does not result in a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed changes do not involve any hardware or design changes [n]or any changes in the methods by which safety-related plant systems perform their safety function. No new accident scenarios, transient precursors, failure mechanisms, or limiting single failures are introduced as a result of this request. There will be no adverse effect or challenges imposed on any safety-related system as a result of the proposed change. Therefore, the proposed change does not create a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed changes to incorporate a pressure-dependent MFIV surveillance stroke time limit and to delete the Notes on SR 3.7.3.1 and SR 3.7.3.2 do not affect any safety analysis acceptance criteria nor involve any change to a safety analysis limit, limiting safety system setting, or safety system performance criterion. There will be no effect on the manner in which safety limits or limiting safety system settings are determined nor will there be any effect on those plant systems necessary to assure the accomplishment of protection functions. The radiological dose consequence acceptance criteria will continue to be met. There will be no significant impact on the overpower limit, departure from nucleate boiling ratio limits, heat flux hot channel factor (FQ), nuclear enthalpy rise hot channel factor (F-delta-H), loss[-]of[-]coolant accident peak cladding temperature (LOCA PCT), peak local power density, or any other margin of safety. The radiological dose consequence acceptance criteria listed in the Standard Review Plan will continue to be met. Therefore, the proposed change does not involve a significant reduction in the margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 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. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's 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 from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/ reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:

(1)The name, address and telephone number of the requestor or petitioner;

(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(4)the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(I)-(viii). A request for a hearing or a petition for leave to intervene must be filed by:

(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff;

(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff;

(3)e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV;* or

(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at

(301)415-1101, verification number is

(301)415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to

(301)415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* A copy of the request for hearing and petition for leave to intervene should also be sent to the John O'Neill, Esq., Shaw, Pittman, Potts & Trowbridge, 2300 N Street, NW., Washington, DC 20037, attorney for the licensee. For further details with respect to this action, see the application for amendment dated September 9, 2005, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (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, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 12th day of September, 2005. For the Nuclear Regulatory Commission. Jack Donohew, Senior Project Manager, Section 2, Project Directorate IV, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-5086 Filed 9-15-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Number 030-04781] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Pharmacia & Upjohn Company, Kalamazoo, Michigan AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Lee, Decommissioning Branch, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, Region III, 2443 Warrenville Road, Lisle, Illinois 60532-4352. Telephone:

(630)829-9870; fax number:

(630)515-1259; e-mail: *pjl2@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering issuing a license amendment of Material License No. 21-00182-03 issued to Pharmacia & Upjohn Company (the licensee), to authorize release of its 200 Portage Road facility for unrestricted use. The NRC staff has prepared an Environmental Assessment

(EA)in support of this amendment in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The amendment will be issued following the publication of this Notice. II. EA Summary The purpose of the proposed action is to amend the licensee's byproduct material license and release its 200 Portage Road facility for unrestricted use. On April 24, 1958, the Atomic Energy Commission authorized the licensee to conduct the radiological operations. The primary radioactive materials used at 200 Portage Road facility were hydrogen-3, carbon-14, phosphorus-32, phosphorus-33, sulfur-35, and iodine-125. On June 20, 2005, the licensee submitted a license amendment request to amend its license to release its 200 Portage Road facility for unrestricted use. The licensee has conducted surveys of the facility and provided information to the NRC to demonstrate that the site meets the license termination criteria in 10 CFR 20.1402, ”Radiological Criteria for Unrestricted Use.” The staff has examined the licensee's request and the information provided in support of its request, including the surveys performed to demonstrate compliance with the release criteria. The staff has found that the environmental impacts from the proposed action are bounded by the impacts evaluated in the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities” (NUREG-1496). Based on its review, the staff has determined that there are no additional remediation activities necessary to complete the proposed action and a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact On the basis of the EA, the NRC concluded that there are no significant environmental impacts from the proposed amendment and determined not to prepare an environmental impact statement. IV. Further Information In accordance with 10 CFR 2.390 of the NRC's “Rules of Practice,” documents related to this action, including the application for amendment and supporting documentation, will be available electronically for public inspection and copying from the Publicly Available Records

(PARS)of NRC's document system (ADAMS) accessible from the NRC's Web site at *http://www.nrc.gov/reading-rm/adams.html.* The ADAMS accession numbers for the documents related to this notice are: ML051740182 for the June 20, 2005, amendment request, and ML052520086 for the EA summarized above. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's 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 Lisle, Illinois, this 9th day of September, 2005. For the Nuclear Regulatory Commission. Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E5-5085 Filed 9-15-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 040-07455] Notice of Availability of Environmental Assessment and Fining of No Significant Impact for License Amendment for Whittaker Corporation's Facility in Greenville, PA AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone

(610)337-5240, fax

(610)337-5269; or by e-mail: *mmm3@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of a license renewal and amendment to Whittaker Corporation for Materials License No. SMA-1018. The proposed action would allow for the continued decontamination and decommissioning of the Whittaker waste storage facility in the Reynolds Industrial Park near Greenville, Pennsylvania. The proposed action also includes NRC approval of site-specific dose concentration guideline levels (DCGLs) for use in developing the Decommissioning Plan for the site. NRC has prepared an Environmental Assessment

(EA)in support of this action in accordance with the requirements of 10 CFR Part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of the action is to renew and amend the NRC license for decontamination and decommissioning (D&D) of the Whittaker waste storage facility in Greenville, Pennsylvania. This action allows for the continued characterization and other decommissioning activities at this site, and approves site-specific DCGLs which will define the cleanup criteria for radioactive contaminants. Whittaker Corporation was authorized by NRC from December 15, 1969, to use radioactive materials for minerals processing purposes at the site. Some of the raw materials used in these processes contained licensable quantities of natural thorium or uranium which were concentrated in the waste byproduct. Processing operations utilizing licensable materials ceased in 1975, and decommissioning activities began. A portion of the site was released for unconditional use in 1985. Whittaker Corporation has been maintaining control over the radioactive materials at the remaining site, while developing a plan for remediation. On May 28, 2004, Whittaker Corporation requested renewal of NRC License No. SMA-1018 to allow for the continued D&D of the site. On August 10, 2004, Whittaker Corporation submitted a Dose Assessment of the site to support the use of proposed DCGLs for site contaminants. The dose assessment shows that the site will meet the dose-based License Termination Rule criteria in 10 CFR 20 Subpart E if the contaminants are remediated to the proposed DCGLs. The DCGLs will be incorporated into the Decommissioning Plan being developed by Whittaker Corporation to describe final site remediation activities. The Decommissioning Plan will also be submitted for approval by the NRC, and will be noticed in the **Federal Register** separately. The NRC staff has prepared an EA in support of the license amendment. The NRC staff has reviewed the dose assessment and the procedures and controls submitted by Whittaker Corporation. Based on its review, the staff has determined that the affected environment associated with D&D at the Whittaker Corporation's facility will have no significant environmental impact, and that a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact The staff has prepared the EA (summarized above) in support of the license renewal and amendment to authorize continued D&D of the Whittaker waste storage facility in Greenville, Pennsylvania. On the basis of the EA, the NRC has concluded that there are no significant environmental impacts from the proposed action, and has determined not to prepare an environmental impact statement for the proposed action. IV. Further Information Documents related to this action, including the application for the license amendment 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 ADAMS accession numbers for the documents related to this Notice are: The Environmental Assessment [ML052440421], Telephone Log Dated 2/17/05 Re. Questions in Support of License Renewal [ML050490050], Deficiency Response Letter [ML050680314], Revision I of Scientech Document No. 82A9534, “Dose Assessment in Support of Establishing Derived Concentration Guideline Levels for the Whittaker Decommissioning Site”, dated August 10, 2004 [ML042310154]. 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

(800)397-4209 or

(301)415-4737, or by e-mail to *pdr@nrc.gov* . Documents related to operations conducted under this license not specifically referenced in this Notice may not be electronically available and/or may not be publicly available. Persons who have an interest in reviewing these documents should submit a request to the NRC under the Freedom of Information Act (FOIA). Instructions for submitting a FOIA request can be found on the NRC's Web site at *http://www.nrc.gov/reading-rm/foia-privacy.html* . Dated at King of Prussia, Pennsylvania this 9th day of September, 2005. For the Nuclear Regulatory Commission. Marie Miller, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E5-5084 Filed 9-15-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Availability of Documents Regarding Spent Fuel Transportation Package Response to the Baltimore Tunnel Fire Scenario AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Allen Hansen, Thermal Engineer, Criticality, Shielding and Heat Transfer Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. Telephone:

(301)415-1390; Fax number:

(301)415-8555; E-mail: *agh@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction Under contract with the Nuclear Regulatory Commission (NRC), The Pacific Northwest National Laboratory prepared a draft NUREG/CR report, “Spent Fuel Transportation Package Response to the Baltimore Tunnel Fire

(BTF)Scenario.” This NUREG/CR documents the thermal analyses of three different spent fuel transportation packages exposed to the BTF scenario: TransNuclear TN-68, Holtec HI-STAR 100 and the NAC LWT. Consequence analyses prepared by the Spent Fuel Project Office staff are also included. The NRC is soliciting public comments on this draft NUREG/CR which will be considered in the final version or subsequent revisions. II. Summary The purpose of this notice is to provide the public an opportunity to review and comment on the Draft NUREG/CR thermal analyses, the consequence analyses and the conclusions. III. Further Information Documents related to this action 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 provided in the following table. 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.* NUREG/CR Files ADAMS accession No. Spent Fuel Transportation Package Response to the Baltimore Tunnel Fire Scenario ML052500391 Appendix A—Material Properties for COBRA-SFS Model of TN-68 Package ML052490246 Appendix B—Material Properties for ANSYS Model of HI-STAR 100 Package ML052490258 Appendix C—Material Properties for ANSYS Model of Legal Weight Truck Package ML052490264 Appendix D—Blackbody View Factors for COBRA-SFS Model of TN-68 Package ML052490268 Appendix E—HOLTEC HI-STAR 100 Component Temperature Distributions ML052490270 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. Comments and questions on the draft NUREG/CR should be directed to the NRC contact listed below by October 31, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Contact: Allen Hansen, Thermal Engineer, Criticality, Shielding and Heat Transfer Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. Telephone:

(301)415-1390; fax number:

(301)415-8555; e-mail: *agh@nrc.gov.* Dated at Rockville, Maryland this 9th day of September, 2005. For the Nuclear Regulatory Commission. M. Wayne Hodges, Deputy Technical Review Directorate, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. E5-5083 Filed 9-15-05; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-52401; File No. 4-429] Joint Industry Plan; Notice of Filing of Joint Amendment No. 16 to the Intermarket Option Linkage Plan Relating to the Definition of Firm Customer Quote Size and Restrictions on Sending Certain Principal Acting as Agent Orders September 9, 2005. Pursuant to Section 11A of the Securities Exchange Act of 1934 (the “Act”) 1 and Rule 11Aa3-2 thereunder, 2 notice is hereby given that on April 13, 2005, April 26, 2005, April 26, 2005, April 27, 2005, May 27, 2005 and June 2, 2005, the International Securities Exchange, Inc. (“ISE”), American Stock Exchange LLC (“Amex”), Chicago Board Options Exchange, Incorporated (“CBOE”), Pacific Exchange, Inc. (“PCX”), Boston Stock Exchange, Inc. (“BSE”), and Philadelphia Stock Exchange, Inc. (“Phlx”) (collectively, the “Participants”) respectively submitted to the Securities and Exchange Commission (“Commission”) Joint Amendment No. 16 to the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (the “Linkage Plan”). 3 The Joint Amendment proposes to modify the definitions of Firm Customer Quote Size (“FCQS”) 4 and remove certain restrictions on sending secondary Principal Acting as Agent orders (“P/A Orders”) 5 through the Intermarket Option Linkage (“Linkage”). The Commission is publishing this notice to solicit comments from interested persons on the proposed Linkage Plan Joint Amendment. 1 15 U.S.C. 78k-1. 2 17 CFR 240.11Aa3-2. 3 On July 28, 2000, the Commission approved a national market system plan for the purpose of creating and operating an intermarket options market linkage proposed by the Amex, CBOE, and ISE. *See* Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000). Subsequently, upon separate requests by the Phlx, PCX, and BSE, the Commission issued orders to permit these exchanges to participate in the Linkage Plan. *See* Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65 FR 70850 (November 28, 2000), 43574 (November 16, 2000), 65 FR 70851 (November 28, 2000) and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004). 4 Section 2(11) of the Linkage Plan. 5 Section 2(16)(a) of the Linkage Plan. I. Description and Purpose of the Amendment The purpose of the Joint Amendment is to modernize the definition of FCQS. At the time the Linkage Plan was drafted, options quote sizes were not disseminated through the Options Price Reporting Authority (“OPRA”) and most Participants employed automatic execution systems that guaranteed automatic fills on orders less than a certain contract size (which was generally a static number). As such, the FCQS was calculated based on the number of contracts the sending or receiving Participant guaranteed it would automatically execute. Now that all options exchanges disseminate dynamic quotes with size, the Participants believe that it is appropriate to calculate the FCQS based on the size of the disseminated quotation of the Participant receiving the P/A Order. The other purpose of the Joint Amendment is to eliminate a 15-second wait period for sending a secondary P/A Order pursuant to Section 7(a)(ii)(B)(1)( *b* ) of the Linkage Plan. That section governs the manner in which a P/A Order larger than the FCQS can be broken into smaller P/A Orders. It provides that an initial P/A Order can be sent to the Participant disseminating the National Best Bid or Offer (“NBBO”) for the FCQS, and that if the NBBO market continues to disseminate the same price after 15 seconds from the execution of the initial P/A Order, a secondary P/A Order can be sent for at least the lesser of

(i)the size of the disseminated quote;

(ii)100 contracts; or

(iii)the remainder of the customer order underlying the P/A Orders. The Participants propose to eliminate the 15-second wait because the dynamic quotes with size now employed by the Participants obviate the need for a manual quote refresh period for P/A Orders. II. Implementation of the Plan Amendment The Participants intend to make the proposed Joint Amendment to the Linkage Plan reflected in this filing effective when the Commission approves the Joint Amendment. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed Joint Amendment to the Linkage Plan is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number 4-429 on the subject line. Paper Comments: • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-9303. All submissions should refer to File Number 4-429. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal offices of the Amex, BSE, CBOE, ISE, PCX, and Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number 4-429 and should be submitted on or before October 7, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 6 6 17 CFR 200.30-3(a)(29). Jonathan G. Katz, Secretary. [FR Doc. 05-18410 Filed 9-15-05; 8:45 am]

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