Notices. Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment

8,143 words·~37 min read·/register/2007/01/22/07-156

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 50-219] Amergen Energy Company, LLC Oyster Creek Nuclear Generating Station; Notice of Availability of the Final Supplement 28 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding the License Renewal of Oyster Creek Nuclear Generating Station Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a final plant-specific supplement to the “Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS),” NUREG-1437, regarding the renewal of operating license DPR-16 for an additional 20 years of operation for the Oyster Creek Nuclear Generating Station (OCNGS).

OCNGS is located along the western shore of Barnegat Bay between the South Branch of Forked River and Oyster Creek, in Ocean County, New Jersey. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. As discussed in Section 9.3 of the final Supplement 28, based on:

(1)The analysis and findings in the GEIS;

(2)the Environmental Report submitted by AmerGen Energy Company, LLC;

(3)consultation with Federal, State, and local agencies;

(4)the staff's own independent review; and

(5)the staff's consideration of public comments, the recommendation of the staff is that the Commission determine that the adverse environmental impacts of license renewal for OCNGS are not so great that preserving the option of license renewal for energy-planning decision makers would be unreasonable. The final Supplement 28 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRC's Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at *http://adamswebsearch.nrc.gov/dologin.htm.* The Accession Numbers for the final Supplement 28 to the GEIS are ML070100234 (Volume 1) and ML070100258 (Volume 2). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at *pdr@nrc.gov.* In addition, the Lacey Public Library, located at 10 East Lacey Road, Forked River, New Jersey 08731, has agreed to make the final Supplement 28 to the GEIS available for public inspection. *For Further Information Contact:* Dr. Michael Masnik, Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O-11F1, Washington, DC 20555-0001. Dr. Masnik may be contacted at 1-800-368-5642, extension 1191 or via e-mail at *mtm2@nrc.gov.* Dated at Rockville, Maryland, this 17th day of January, 2007. For the Nuclear Regulatory Commission. Rani Franovich, Branch Chief, Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E7-798 Filed 1-19-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 03000883 and 03008709] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License Nos. 29-05218-28 and 29-15188-01, for Amendment of the Licenses and Unrestricted Release of the Rutgers, the State University of New Jersey and the University of Medicine and Dentistry of New Jersey Environmental Services Building Annex in Piscataway, NJ AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone

(610)337-5399; fax number

(610)337-5269; or by e-mail: *sth2@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of license amendments to Byproduct Materials License Nos. 29-05218-28 and 29-15188-01. These licenses are held by Rutgers, The State University of New Jersey and the University of Medicine and Dentistry of New Jersey (the Licensees), for the Environmental Services Building Annex (the Facility), located at 126 Davidson Road in Piscataway, New Jersey. Issuance of the amendments would authorize release of the Facility for unrestricted use. The Licensees requested this action in a letter dated November 2, 2006. The NRC has prepared an Environmental Assessment

(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendments will be issued to the Licensees following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensees' November 2, 2006, license amendment requests, resulting in release of the Facility for unrestricted use. Utilization of licensed material at the Facility started on March 13, 1962, with the use of an irradiator for research and development. The irradiator ceased operations in the mid 1970s. From the mid 1970s through August 2005, the Facility served as a processing, packaging, and storage area for radioactive wastes for the Licensees. The Facility is situated on approximately one acre of land and has three attached buildings with a total area of 2,461 square feet. The Facility is located on the Bush Campus of Rutgers University. In August 2005, the Licensees ceased licensed activities at the Facility and on September 22, 2006, initiated a final status survey of the Facility. Based on the Licensees' historical knowledge of the site and the conditions of the Facility, the Licensees determined that only routine decontamination activities, in accordance with their NRC-approved operating radiation safety procedures, were required. The Licensees were not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures were consistent with those approved for routine operations. The Licensees conducted surveys of the Facility and provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The Licensees have ceased conducting licensed activities at the Facility and seek the unrestricted use of the Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that the radionuclides of concern with half-lives greater than 120 days are hydrogen-3, carbon-14, and cesium-137. Prior to performing the final status survey, the Licensees conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensees conducted a final status survey on September 22, 2006. The final status survey report was submitted to the NRC with the Licensees' amendment request dated November 2, 2006. The Licensees elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensees used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in subpart E of 10 CFR part 20 for unrestricted release. The Licensees' final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensees' final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (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 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 Licensees' final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment 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 New Jersey Department of Environmental Protection for review on December 4, 2006. On December 14, 2006, the State of New Jersey Department of Environmental Protection responded by letter. The State agreed with the conclusions of the EA, and otherwise had no comments. 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 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 Document 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. NUREG-1757, “Consolidated NMSS Decommissioning Guidance;” 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 3. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 4. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 5. Notification Letter dated September 6, 2006 (ML062850444); 6. Amendment Request Letter with Final Status Report (ML063210371). 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 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at King of Prussia, Pennsylvania this 12th day of January, 2007. For The Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7-793 Filed 1-19-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Accession of Bulgaria and Romania to the European Union

(EU)and Loss of GSP Eligibility AGENCY: Office of the United States Trade Representative (USTR). ACTION: Notice. SUMMARY: As a result of becoming EU Member States on January 1, 2007, Bulgaria and Romania are no longer designated as beneficiary developing countries under the U.S. GSP program, effective as of that date. FOR FURTHER INFORMATION CONTACT: GSP Subcommittee, Office of the United States Trade Representative, USTR Annex, 1724 F Street, NW., Room F220, Washington, DC 20508. The telephone number is 202-395-6971. SUPPLEMENTARY INFORMATION: The GSP program is authorized pursuant to title V of the Trade Act of 1974, as amended (“the Trade Act”) (19 U.S.C. 2461 *et seq.* ). The GSP program grants duty-free treatment to designated eligible articles that are imported from designated beneficiary developing countries. Countries that may not be designated as beneficiary countries for purposes of the GSP include, among others, EU Member States (19 U.S.C. 2462(b)). In Proclamation 8098 (December 29, 2006), the President, pursuant to section 502(b)(1)(C) of the Trade Act of 1974, as amended (19 U.S.C. 2462(b)(1)(C)), announced that “Bulgaria and Romania shall no longer be designated as beneficiary developing countries for GSP upon the date that each country becomes a European Union Member State. The United States Trade Representative shall announce each such date in a notice published in the **Federal Register** .” The United States Trade Representative hereby announces that January 1, 2007, was the date on which Bulgaria and Romania became EU Member States and are no longer beneficiary developing countries for GSP. Susan C. Schwab, United States Trade Representative. [FR Doc. E7-809 Filed 1-19-07; 8:45 am] BILLING CODE 3190-W7-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55085; File No. SR-NYSEArca-2006-37] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment No. 1 Thereto To Trade the StreetTRACKS Dow Jones Global Titans Index Fund Pursuant to Unlisted Trading Privileges January 11, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 18, 2006, NYSE Arca, Inc. (“NYSE Arca” 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 substantially prepared by the Exchange. On January 4, 2007, the Exchange amended the proposed rule change (“Amendment No. 1”). 3 This order provides notice of the proposed rule change, as modified by Amendment No. 1, and approves the proposed rule change as amended on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1 the Exchange provided additional information relating to the dissemination of the index value and the estimates of the value of the fund shares. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”) proposes to trade shares (“Shares”) of the streetTRACKS® Dow Jones Global Titans Index Fund (Symbol: DGT) (“Fund”) pursuant to unlisted trading privileges (“UTP”) based on NYSE Arca Equities Rule 5.2(j)(3). The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nysearca.com* ), 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 III 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 The Exchange is proposing to trade Shares of the Fund pursuant to UTP. The Fund is comprised of 50 common stocks, which are chosen by Dow Jones based on a multi-factor methodology. The Fund invests in foreign securities, including non-U.S.-dollar-denominated securities traded outside the United States and dollar-denominated securities of foreign issuers traded in the United States. The Fund's investment objective is to replicate as closely as possible, before expenses, the performance of the Dow Jones Global Titans Index (“Index”), using an indexing investment approach. The net asset value (“NAV”) for the Fund is calculated by the Fund's custodian, State Street Global Advisors. After calculation, such NAV is disseminated by the American Stock Exchange LLC (“Amex”) and is available to the public through the Fund's distributor, State Street Capital Markets, LLC. The NAV is also available to National Securities Clearing Corporation (“NSCC”) participants through data made available from NSCC. The NAV of the Fund is determined each business day, normally at the close of regular trading of the New York Stock Exchange (“NYSE”). The Commission previously approved the original listing and trading of the Shares on Amex. 4 The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. The trading hours for the Shares on the Exchange are the same as those set forth in NYSE Arca Equities Rule 7.34, except that the Shares will not trade during the Opening Session (4 a.m. to 9:30 a.m. Eastern Time) unless the Indicative Optimized Portfolio Value (“IOPV”) is calculated and disseminated during that time. 4 *See* Securities Exchange Act Release No. 43338 (September 25, 2000), 65 FR 59235 (October 4, 2000) (SR-Amex-00-53). Quotations for and last sale information regarding the Shares are disseminated through the Consolidated Quotation System. The value of the Index is updated intra-day on a real-time basis as individual component securities of the Index change in price. The intra-day value of the Index is disseminated every 15 seconds throughout Amex's trading day. In addition, a value for the Index is disseminated once each trading day, based on closing prices in the relevant exchange market. To provide updated information relating to the Shares for use by investors, professionals, and persons wishing to create or redeem them, Amex disseminates through the facilities of the Consolidated Tape Association (“CTA”) the IOPV for the Fund as calculated by a securities information provider. The IOPV is disseminated on a per-share basis every 15 seconds during regular Amex trading hours of 9:30 a.m. to 4 p.m. or 4:15 p.m. Eastern Time depending on the time Amex specifies for the trading of the Shares. The Fund includes companies trading in markets with trading hours overlapping Amex's regular trading hours. During the overlap period, an IOPV calculator updates an IOPV every 15 seconds to reflect price changes in the principal foreign markets, and converts such prices into U.S. dollars based on the currency exchange rates. When the foreign market or markets are closed but Amex is open for trading, the IOPV is updated every 15 seconds to reflect changes in currency exchange rates. The IOPV may not reflect the value of all securities included in the Index. In addition, the IOPV does not necessarily reflect the precise composition of the current portfolio of securities held by the Fund at a particular point in time. Therefore, the IOPV on a per-share basis disseminated during the NYSE's regular trading hours should not be viewed as a real time update of the NAV of the Fund, which is calculated only once a day. The IOPV is intended to closely approximate the value per share of the portfolio of securities for the Fund and provide for a close proxy of the NAV at a greater frequency for investors. The Commission has granted the Fund an exemption from certain prospectus delivery requirements under Section 24(d) of the Investment Company Act of 1940 (“1940 Act.”) 5 Any product description used in reliance on the Section 24(d) exemptive order will comply with all representations made and all conditions contained in the Fund's application for orders under the 1940 Act. 6 5 15 U.S.C. 80a-24(d). 6 *See* Investment Company Act Release No. 25738 (October 11, 2002). In connection with the trading of the Shares, the Exchange would inform ETP Holders in an Information Circular of the special characteristics and risks associated with trading the Shares, including how they are created and redeemed, the prospectus or product description delivery requirements applicable to the Shares, applicable Exchange rules, how information about the value of the underlying Index is disseminated, and trading information. In addition, before an ETP Holder recommends a transaction in the Shares, the ETP Holder must determine that the Shares are suitable for the customer as required by NYSE Arca Equities Rule 9.2(a)-(b). The Exchange intends to utilize its existing surveillance procedures applicable to derivative products to monitor trading in the Shares. The Exchange represents that these procedures are adequate to monitor Exchange trading of the Shares. 2. Statutory Basis The Exchange believes that the proposal is consistent with Section 6(b) of the Act 7 in general and Section 6(b)(5) of the Act 8 in particular in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments and perfect the mechanisms of a free and open market, and to protect investors and the public interest. In addition, the Exchange believes that the proposal is consistent with Rule 12f-5 under the Act 9 because it deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(5). 9 17 CFR 240.12f-5. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change 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 SR-NYSEArca-2006-37 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2006-37. 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 Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. 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 SR-NYSEArca-2006-37 and should be submitted on or before February 12, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 10 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 11 which requires that an exchange have rules designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general to protect investors and the public interest. The Commission believes that this proposal should benefit investors by increasing competition among markets that trade the Shares. 10 In approving this rule change, the Commission notes that it has considered the proposal's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 11 15 U.S.C. 78f(b)(5). In addition, the Commission finds that the proposal is consistent with Section 12(f) of the Act, 12 which permits an exchange to trade, pursuant to UTP, a security that is listed and registered on another exchange. 13 The Commission notes that it previously approved the listing and trading of the Shares on Amex. 14 The Commission also finds that the proposal is consistent with Rule 12f-5 under the Act, 15 which provides that an exchange shall not extend UTP to a security unless the exchange has in effect a rule or rules providing for transactions in the class or type of security to which the exchange extends UTP. The Exchange has represented that it meets this requirement because it deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. 12 15 U.S.C. 78 *l* (f). 13 Section 12(a) of the Act, 15 U.S.C. 78 *l* (a), generally prohibits a broker-dealer from trading a security on a national securities exchange unless the security is registered on that exchange pursuant to Section 12 of the Act. Section 12(f) of the Act excludes from this restriction trading in any security to which an exchange “extends UTP.” When an exchange extends UTP to a security, it allows its members to trade the security as if it were listed and registered on the exchange even though it is not so listed and registered. 14 *See supra* note 4. 15 17 CFR 240.12f-5. The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 16 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. Quotations for and last sale information regarding the Shares are disseminated through the Consolidated Quotation System. Furthermore, an IOPV calculator updates the IOPV every 15 seconds to reflect price changes in the principal foreign markets and converts such prices into U.S. dollars based on the current currency exchange rate. When the foreign market or markets are closed but Amex is open for trading, the IOPV is updated every 15 seconds to reflect changes in currency exchange rates. NYSE Arca Equities Rule 7.34 describes the situations when the Exchange would halt trading when the IOPV or the value of the Index underlying one of the Funds is not calculated or widely available. 16 15 U.S.C. 78k-1(a)(1)(C)(iii). The Commission notes that, if the Shares should be delisted by Amex, the original listing exchange, the Exchange would no longer have authority to trade the Shares pursuant to this order. In support of this proposal, the Exchange has made the following representations: 1. The Exchange's surveillance procedures are adequate to monitor the trading of the Shares. 2. In connection with the trading of the Shares, the Exchange would inform ETP Holders in an Information Circular of the special characteristics and risks associated with trading the Shares. 3. The Information Circular would inform participants of the prospectus or product delivery requirements applicable to the Shares. This approval order is conditioned on the Exchange's adherence to these representations. The Commission finds good cause for approving this proposal before the thirtieth day after the publication of notice thereof in the **Federal Register** . As noted previously, the Commission previously found that the listing and trading of the Shares on Amex is consistent with the Act. 17 The Commission presently is not aware of any regulatory issue that should cause it to revisit that earlier finding or preclude the trading of the Shares on the Exchange pursuant to UTP. Therefore, accelerating approval of this proposal should benefit investors by creating, without undue delay, additional competition in the market for the Shares. 17 *See supra* note 4. V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 18 that the proposed rule change (SR-NYSEArca-2006-37), as modified by Amendment No. 1, be, and it hereby is, approved on an accelerated basis. 18 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-756 Filed 1-19-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55099; File No. SR-NYSEArca-2006-91] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Exchange Fees and Charges January 12, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 22, 2006, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. NYSE Arca has designated this proposal as one establishing or changing a due, fee, or other charge imposed by NYSE Arca under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NYSE Arca is proposing to amend its Schedule of Fees and Charges for Exchange Services (“Schedule”) in order to revise certain Royalty Fees assessed on options contracts traded on certain Exchange Traded Funds (“ETFs”), and to revise the Marketing Charge related to Market Maker transactions. Below is the text of the proposed rule change. Proposed new language is in *italics;* deleted language is in [brackets]. NYSE Arca Options: Trade-Related Charges Marketing Charge For Nasdaq-100 Tracking Stock Options

(QQQQ)$0.95 per contract side on all Market Maker transactions (excluding Market Maker to Market Maker transactions) and for Standard and Poor's Depository Receipts

(SPY)$1.00 per contract side on all Market Maker transactions (excluding Market Maker to Market Maker transactions). For all other NYSE Arca Equity Options: [$0.45] $0.65 per contract side on transactions of Lead Market Makers and Market Makers against all public customer orders. Royalty Fees 9 [For] Nasdaq Fidelity Composite Index ETF (ONEQ): $0.12[per contract side] Financial Select Sector SPRD

(XLF)$0.10 5 Technology Select Sector SPDR

(XLK)0.10 Healthcare Select Sector SPDR

(XLV)0.10 Russell 2000 Index

(RUT)0.15 5 The Exchange inadvertently failed to designate the phrase “.10” in this line as proposed new text. For clarity, the new text has been underlined herein. *Royalty Fees will be assessed on a per-contract basis* for firm, broker/dealer, and Market Maker transactions. [For IWB, IWD, IWM, IWN, IWO, IWR: $0.10 per contract for firm, broker/dealer, and Market Maker transactions.] 9 [ *This* ] *These* fees will not be assessed on the customer side of transactions. Please refer to “Limit of Fees on Options Strategy Executions” section of this schedule for information regarding [r] *R* oyalty [f] *F* ees associated with Options Strategy Executions 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. NYSE Arca has substantially 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 NYSE Arca is proposing to amend its Schedule in order to make the following changes to certain fees and charges that are assessed to OTP Holders and OTP Firms. The Exchange also proposes making minor technical changes to the Schedule at this time. Royalty Fees The Exchange proposes to eliminate the $0.10 per contract Royalty Fee on options traded on the following ETFs: the Russell 1000 Index Fund (IWB); the Russell 1000 Value Index Fund (IWD); the Russell 2000 Index Fund (IWM); the Russell 2000 Value Index Fund (IWN); the Russell 2000 Growth Fund (IWO); and the Russell Midcap Index fund (IWR). As of January 1, 2007, the Exchange will no longer assess the $0.10 per contract on any transactions involving the aforementioned ETFs. The Exchange proposes to begin assessing a $0.10 per contract Royalty Fee on options traded on the following ETFs: the Financial Select Sector SPDR (XLF); the Technology Select Sector SPDR (XLK); and the Healthcare Select Sector SPRD (XLV). The Exchange also proposes a $0.15 per contract Royalty Fee on options traded on the Russell 2000 Index (RUT). The Exchange will begin assessing these fees on transactions in the aforementioned ETFs as of January 1, 2007. Marketing Fees The Exchange presently assesses Market Makers 6 a per contract Marketing Fee on all transactions involving public customer orders. For orders in the NASDAQ-100 Tracking Stock (QQQQ), the Exchange charges Market Makers $0.95 per contract; in the Standard and Poor's Depository Receipts (SPY), the Exchange charges $1.00 per contract. In all other issues, the Exchange charges Market Makers $0.45 per contract. The Exchange now proposes to amend the fee it charges on non-QQQQ and non-SPY transactions to $0.65 cents per contract. The fee on QQQQ and SPY orders will remain the same. The increased Marketing Fee will be used to attract additional order flow to the Exchange, thereby allowing NYSE Arca to remain competitive with other options exchanges that charge similar fees. 6 Market Maker, as defined in NYSE Arca Rule 6.1(b)(29) and NYSE Arca Rule 6.1A(a)(4). While this proposed rule change will become effective upon filing with the Commission, NYSE Arca plans to implement the fee change on January 1, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 7 in general, and Section 6(b)(4) of the Act, 8 in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among its members. 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 9 and Rule 19b-4(f)(2) 10 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 9 15 U.S.C. 78s(b)(3)(A)(ii). 10 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change 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 SR-NYSEArca-2006-91 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2006-91. 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 Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca. 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 SR-NYSEArca-2006-91 and should be submitted on or before February 12, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-799 Filed 1-19-07; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 5675] Determination and Waiver of Section 620(q) of the Foreign Assistance Act of 1961, as Amended, Relating to Assistance to the Democratic Republic of Congo Pursuant to the authority vested in me by section 620(q) of the Foreign Assistance Act of 1961, as amended (FAA), and by Executive Order 12163, as amended, I hereby determine that assistance to the Democratic Republic of Congo is in the national interest of the United States and thereby waive, with respect to that country, the application of section 620(q) of the FAA. This determination shall be reported to Congress and published in the **Federal Register** . Dated: December 11, 2006. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E7-833 Filed 1-19-07; 8:45 am] BILLING CODE 4710-26-P TENNESSEE VALLEY AUTHORITY Proposed Standards on Smart Metering Interconnection, Net Metering, Fuels Sources, and Fossil Fuel Generation Efficiency AGENCY: Tennessee Valley Authority (TVA). ACTION: Notice. SUMMARY: On August 17, 2006, Tennessee Valley Authority (“TVA”) published a notice *(71 FR 47557)* of the commencement of its consideration process for the Time-based Metering & Communications (hereinafter called “Smart Metering”), Interconnection, and Net Metering standards promulgated by section 111(d) of the Public Utility Regulatory Policies Act of 1978 (Pub. L. 95-617) as amended by the Energy Policy Act of 2005 (Pub. L. 109-58) (hereinafter called “PURPA”). This notice amends and supplements the August 17 notice to

(1)set new deadlines related to the consideration of the three standards which were the subject of that notice and

(2)inform the public of the commencement of TVA's consideration process for the two remaining standards listed in section 111(d) of PURPA, which are the Fuel Sources and Fossil Fuel Generation Efficiency standards. TVA will consider adopting all five of these standards for itself as well as for the distributors of TVA power and will consider these standards on the basis of their effect on conservation of energy, efficient use of facilities and resources, equity among electric consumers, and the objectives of the Tennessee Valley Authority Act. In addition, the Smart Metering standard will be considered in light of whether the benefits to the electric utility and its consumers are likely to exceed the costs of new metering and communications. Comments are requested from the public on whether TVA should adopt these standards or any variations on them. DATES: The record for the Smart Metering standard was due to close on December 1, 2006. However, the comment period for this standard will be extended, and the record will close on June 1, 2007. The record for the Interconnection and Net Metering standards is due to close on March 1, 2007. The comment period for these two standards will also be extended to close on June 1, 2007. Accordingly, public comments will continue to be accepted for submission to the official record on the Smart Metering, Interconnection, and Net Metering standards until June 1, 2007. At this time, TVA initiates its consideration of the Fuel Sources and Fossil Fuel Generation Efficiency standards. Data, views, and comments on these standards are requested in order to glean the public's views on the need and desirability of such standards. Comments on variations in any of the standards, as well as comments for or against their adoption are welcome. The record for the Fuel Sources and Fossil Fuel Generation Efficiency standards will close on June 1, 2007. Public comments on these standards must be received by this date. As to each of the five standards, written comments of TVA staff concerning the standard will be made a part of the official record at least 30 days before the date the record closes. ADDRESSES: Written comments should be sent to: PURPA Standards Hearings, Attn: Carl Seigenthaler, Tennessee Valley Authority, One Century Place, 26 Century Boulevard, Nashville, TN 37214. Comments may also be submitted via the Web, at *http://www.tva.com/purpa.* FOR FURTHER INFORMATION CONTACT: Carl Seigenthaler, Tennessee Valley Authority, One Century Place, 26 Century Boulevard, Nashville, TN 37214,

(615)232-6070. SUPPLEMENTARY INFORMATION: *Standards.* The standards about which a determination will be made are:

(1)*Smart Metering.* A. Not later than 18 months after the date of enactment of this paragraph, each electric utility shall offer each of its customer classes, and provide individual customers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility's costs of generating and purchasing electricity at the wholesale level. The time-based rate schedule shall enable the electric consumer to manage energy use and cost through advanced metering and communications technology. B. The types of time-based rate schedules that may be offered under the schedule referred to in subparagraph

(A)include, among others— i. Time-of-use pricing whereby electricity prices are set for a specific time period on an advance of forward basis, typically not changing more often than twice a year, based on the utility's cost of generating and/or purchasing such electricity at the wholesale level for the benefit of the consumer. Prices paid for energy consumed during these periods shall be pre-established and known to consumers in advance of such consumption, allowing them to vary their demand and usage in response to such prices and manage their energy costs by shifting usage to a lower cost period or reducing their consumption overall; ii. Critical peak pricing whereby time-of-use prices are in effect except for certain peak days, when prices may reflect the costs of generating and/or purchasing electricity at the wholesale level and when consumers may receive additional discounts for reducing peak period energy consumption; iii. Real-time pricing whereby electricity prices are set for a specific time period on an advanced or forward basis, reflecting the utility's cost of generating and/or purchasing electricity at the wholesale level, and may change as often as hourly; and iv. Credits for consumers with large loads who enter into pre-established peak load reduction agreements that reduce a utility's planned capacity obligations. C. Each electric utility subject to subparagraph

(A)shall provide each customer requesting a time-based rate with a time-based meter capable of enabling the utility and customer to offer and receive such rate, respectively. D. For purposes of implementing this paragraph, any reference contained in this section to the date of enactment of the Public Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date of enactment of this paragraph. E. In a State that permits third-party marketers to sell electric energy to retail electric consumers, such consumers shall be entitled to receive the same time-based metering and communications device and service as a retail electric consumer of the electric utility. F. Notwithstanding subsections

(b)and

(c)of section 2622 of this title, each State regulatory authority shall, not later than 18 months after the date of enactment of this paragraph conduct an investigation in accordance with section 2625(i) of this title and issue a decision whether it is appropriate to implement the standards set out in subparagraphs

(A)and (C).

(2)*Interconnection.* Each electric utility shall make available, upon request, interconnection service to any electric consumer that the electric utility serves. For purposes of this paragraph, the term “interconnection service” means service to an electric consumer under which an on-site generating facility on the consumer's premises shall be connected to the local distribution facilities. Interconnection services shall be offered based upon the standards developed by the Institute of Electrical and Electronics Engineers: IEEE Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems, as they may be amended from time to time. In addition, agreements and procedures shall be established whereby the services are offered shall promote current best practices of interconnection for distributed generation, including but not limited to practices stipulated in model codes adopted by associations of state regulatory agencies. All such agreements and procedures shall be just and reasonable, and not unduly discriminatory or preferential.

(3)*Net metering.* Each electric utility shall make available upon request net metering service to any electric consumer that the electric utility serves. For purposes of this paragraph, the term “net metering service” means service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period.

(4)*Fuel sources.* Each electric utility shall develop a plan to minimize dependence on 1 fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies.

(5)*Fossil fuel generation efficiency.* Each electric utility shall develop and implement a 10-year plan to increase the efficiency of its fossil fuel generation. *Procedures.* Written data, views, and comments on the standards are requested from the public and must be received by 5 p.m. EST on June 1, 2007. Written statements of the TVA staff concerning each standard will be made part of the official record at least 30 days before the date the record closes, at which time the staff comments will be made available to the public on request. The official record will consist of all data, views, and comments, including written statements of the TVA staff, submitted within the time set forth above. A summary of the record will be prepared by TVA staff and will be transmitted to the TVA Board of Directors along with the complete record. The record will be used by the Board in making the determinations required by section 111(d) of PURPA. Individual copies of the record will be available to the public at cost of reproduction. Copies will also be kept on file for public inspection at the following locations: Tennessee Valley Authority, One century Place, 26 Century Boulevard, Nashville, TN,

(615)232-6070; Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee,

(423)751-0011; and on the Web at *http://tva.com/purpa.* Dated: January 10, 2007. John P. Kernodle, Assistant General Counsel. [FR Doc. 07-156 Filed 1-19-07; 8:45 am]

Connectionstraces to 12

Traces to 12 documents

CFR

U.S. Code