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7328 Federal Register / Vol. 73, No.

26 / Thursday, February 7, 2008 / Notices

the requester justifies a longer period. proprietary or security-related because of the reduced need for copies
You may obtain or review copies of information, or other information that is and reduced handling costs. A few
TUVAM’s requests, the assessor’s withheld from public disclosure will responders were concerned with e-mail
recommendation, and all submitted not be affected by this initiative. The box overloads and size limits. Such
comments, as received, by contacting NRC staff will protect the e-mail address concerns can be eventually eliminated
the Docket Office, Room N–2625, from disclosure to others for privacy as individuals and organizations
Occupational Safety and Health concerns. upgrade their electronic mail systems
Administration, U.S. Department of In order to evaluate the feasibility of and will be addressed on a case-by-case
Labor, at the above address. Docket No. electronic distribution, the staff engaged basis.
OSHA–2007–0043 (formerly, NRTL2– in a pilot program with Exelon Because the pilot program
2001) contains all materials in the Generation Company, LLC (West). The demonstrated feasibility and the
record concerning TUVAM’s pilot program began July 1, 2007, and feedback received was overwhelmingly
application. ended September 30, 2007. A Federal favorable, the NRC is taking additional
The NRTL Program staff will review Register Notice announcing the pilot steps to pursue implementation of
all timely comments and, after program was issued on June 28, 2007 electronic distribution of
resolution of issues raised by these (72 FR 35520). correspondence. Recognizing the
comments, will recommend whether to During the pilot program, the method potential to provide a more effective and
grant TUVAM’s expansion request. The used for distribution was e-mail. The e- efficient method of distributing
Assistant Secretary will make the final mail contained an electronic link to correspondence, the NRC intends to
decision on granting the expansion and, ADAMS providing direct access to the implement this initiative in 2008.
in making this decision, may undertake correspondence. In addition, addressees If you have specific comments
other proceedings that are prescribed in received an Adobe AcrobatTM (pdf) regarding this initiative, please contact
Appendix A to 29 CFR Section 1910.7. version of the correspondence. Several Mr. Russell Gibbs at 301–415–7198, or
OSHA will publish a public notice of lessons were learned from the pilot rag1@nrc.gov. Comments received
this final decision in the Federal program. For example, the use of e- within 30 days of this notice will be
Register. mails with a direct link into ADAMS considered for implementation in the
Signed at Washington, DC, this 1st day of provides an effective communication of EDI.
February, 2008. correspondence. However, it generally
takes 5 business days for a document to Dated at Rockville, Maryland, this 1st day
Edwin G. Foulke, Jr., of February 2008.
Assistant Secretary for Occupational Safety
become publicly available in ADAMS.
Unless action is taken to make the For The Nuclear Regulatory Commission.
and Health.
document publicly available sooner or Russell Gibbs,
[FR Doc. E8–2200 Filed 2–6–08; 8:45 am]
action taken to delay sending the e-mail Chief, Plant Licensing Branch III–2, Division
BILLING CODE 4510–26–P of Operating Reactor Licensing, Office of
until the document becomes publicly
available, the direct link resulted in the Nuclear Reactor Regulation.
document not being available when the [FR Doc. E8–2243 Filed 2–6–08; 8:45 am]
NUCLEAR REGULATORY e-mail was received. As another BILLING CODE 7590–01–P
COMMISSION example, some licensees and
Status of the Office of Nuclear Reactor organizations that have multiple
Regulation’s Electronic Distribution recipients on the plant mailing list have SECURITIES AND EXCHANGE
Initiative determined that it is beneficial to COMMISSION
provide one email address for the plant
[Investment Company Act Release No.
The Office of Nuclear Reactor mailing list. This allows these entities to 28140; 812–13386]
Regulation (NRR) staff at the U.S. perform additional distribution of the
Nuclear Regulatory Commission (NRC) documents through automatic PowerShares Capital Management
is implementing an electronic forwarding features of their e-mail LLC, et al.; Notice of Application
distribution initiative (EDI) that will systems. Furthermore, this allows easy
modify the method of distributing and rapid updating of changes to these February 1, 2008.
selected categories (e.g., operating additional distribution addresses AGENCY: Securities and Exchange
reactor license amendments) of without incurring the additional cost of Commission (‘‘Commission’’).
operating reactor licensing developing and approving ACTION: Notice of an application for an
correspondence. Specifically, this communications to the NRC to make order under section 6(c) of the
initiative involves replacing distribution changes to the plant mailing list. Investment Company Act of 1940
of paper copies with electronic To obtain information to enhance the (‘‘Act’’) for an exemption from sections
distribution to the plant mailing list for EDI, steps were taken to engage 2(a)(32), 5(a)(1) and 22(d) of the Act and
documents generated by NRR’s Division stakeholders. In the initial Federal rule 22c–1 under the Act, and under
of Operating Reactor Licensing. This Register notice (72 FR 35520) sections 6(c) and 17(b) of the Act for an
initiative does not affect the availability announcing the pilot program and in exemption from sections 17(a)(1) and
of official agency records in NRC’s our letter dated October 11, 2007, (a)(2) of the Act, and under section
Agencywide Documents Access and (ADAMS Accession No. ML072820307) 12(d)(1)(J) for an exemption from
Management System (ADAMS), which the NRC staff requested comments on sections 12(d)(1)(A) and (B) of the Act.
are publicly available on the NRC’s Web the EDI. The NRC staff also sent an e-
page http://www.nrc.gov. mail on October 24, 2007 (ADAMS Applicants: PowerShares Capital
When this initiative is implemented, Accession No. ML080160089) to all who Management LLC (the ‘‘Advisor’’), AER
jlentini on PROD1PC65 with NOTICES

addressees will continue to receive the participated in the pilot program to get Advisors, Inc. (‘‘AER’’), AIM
original correspondence, while those on their feedback. The comments (ADAMS Distributors, Inc. (the ‘‘Distributor’’),
the plant mailing list will receive Accession No. ML080170254) were and PowerShares Actively Managed
electronic mail (e-mail). The overwhelmingly supportive of Exchange-Traded Fund Trust (the
distribution of safeguards information, electronic distribution, generally ‘‘Trust’’).

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