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8808 Federal Register / Vol. 72, No.

38 / Tuesday, February 27, 2007 / Notices

46931). The November 7, 2006, GPU Nuclear, Inc., Docket No. 50–320, Tennessee Valley Authority, Docket No.
supplemental letter provided additional Three Mile Island Nuclear Station, Unit 50–259 Browns Ferry Nuclear Plant,
clarifying information, did not expand 2, Dauphin County, Pennsylvania Unit 1, Limestone County, Alabama
the scope of the application as originally Date of application for amendment:
Date of amendment request: October
noticed, and did not change the NRC November 9, 2006 (TS–458).
10, 2006.
staff’s original proposed no significant Brief description of amendment: The
hazards consideration determination. Brief description of amendment: The
amendment revises Technical amendment deleted the Technical
The Commission’s related evaluation Specification (TS) Surveillance
of the amendment is contained in a Specification Surveillance Requirement
4.1.1.3 to extend the containment Requirement to verify the position of a
Safety Evaluation dated February 6, low pressure coolant injection crosstie
2007. airlock surveillance frequency from
once per year to once every five years. valve.
No significant hazards consideration
Date of issuance: February 7, 2007. Date of issuance: February 6, 2007.
comments received: No.
Effective date: Effective as of the date
Effective date: February 7, 2007.
FPL Energy Duane Arnold, LLC, Docket of issuance, to be implemented within
No. 50–331, Duane Arnold Energy Amendment No.: 61. 30 days.
Center, Linn County, Iowa Possession Only License No. DPR–73: Amendment No.: 268.
The amendment revises the Technical Renewed Facility Operating License
Date of application for amendment: Specifications.
March 1, 2006, as supplemented by No. DPR–33: Amendment revised the
Date of initial notice in Federal TSs.
letter dated August 17, 2006.
Brief description of amendment: The Register: December 5, 2006 (71 FR Date of initial notice in Federal
amendment modifies Special 70560). The Commission’s related Register: November 20, 2006 (71 FR
Operations Limiting Condition for evaluation of the amendment is 671600). The Commission’s related
Operation (LCO) 3.10.1, ‘‘System contained in a Safety Evaluation Report, evaluation of the amendment is
Leakage and Hydrostatic Testing dated February 7, 2007. contained in a Safety Evaluation dated:
Operation,’’ to allow more efficient No significant hazards consideration February 6, 2007.
testing during a refueling outage. comments received: No. No significant hazards consideration
Specifically, the LCO 3.10.1 allowance comments received: No.
Nuclear Management Company, Docket
for operation with the average reactor No. 50–263, Monticello Nuclear Dated at Rockville, Maryland, this 15th day
coolant temperature greater than 212 °F Generating Plant (MNGP), Wright of February 2007.
(while considering operational County, Minnesota For the Nuclear Regulatory Commission.
conditions to be in Mode 4), is extended John W. Lubinski,
to include operations where Date of application for amendment:
Acting Director, Division of Operating Reactor
temperature exceeds 212 °F: (1) As a November 14, 2006, as supplemented on Licensing, Office of Nuclear Reactor
consequence of maintaining adequate December 28, 2006. Regulation.
reactor pressure for a system leakage or Brief description of amendment: The [FR Doc. E7–3199 Filed 2–26–07; 8:45 am]
hydrostatic test; or (2) as a consequence amendment revised Table 3.3.5.1–1, BILLING CODE 7590–01–P
of maintaining adequate reactor ‘‘Emergency Core Cooling System
pressure for control rod scram time Instrumentation,’’ of the MNGP
testing initiated in conjunction with a Technical Specifications, to permit a
OFFICE OF THE UNITED STATES
system leakage or hydrostatic test. This one-time extension of the quarterly
TRADE REPRESENTATIVE
change is based on the NRC-approved surveillance interval (i.e., from 92 days
Technical Specification Task Force to 140 days), for three low pressure Generalized System of Preferences
(TSTF) standard TS change TSTF–484, coolant injection loop select logic (GSP): Import Statistics Relating to
Revision 0. functions. Competitive Need Limitations (CNLs);
Date of issuance: February 5, 2007. Date of issuance: January 18, 2007. Invitation for Public Comment on CNL
Effective date: As of the date of Effective date: As of the date of Waivers Subject to Potential
issuance and shall be implemented issuance and shall be implemented Revocation Based on New Statutory
within 30 days. within 30 days of issuance. Thresholds, Possible De Minimis
Amendment No.: 264 Amendment No: 149. Waivers, and Product Redesignations
Facility Operating License No. DPR–
Renewed Facility Operating License AGENCY: Office of the United States
49: The amendment revises the TSs.
No. DPR–22: Amendment revised the Trade Representative (USTR).
Date of initial notice in Federal
Renewed Facility Operating License and
Register: (71 FR 70560) December 5, ACTION: Notice.
Technical Specifications.
2006. The supplement provided
additional information that clarified the The supplemental letter contained SUMMARY: This notice is to inform the
application, did not expand the scope of clarifying information and did not public of the availability of full 2006
the application as originally noticed, change the initial no significant hazards calendar year import statistics relating
and did not change the NRC staff’s consideration determination, and did to competitive need limitations (CNLs)
original proposed no significant hazards not expand the scope of the original under the Generalized System of
consideration determination, as Federal Register notice. Preferences (GSP) program. Public
published in the Federal Register on Date of initial notice in Federal comments are invited by 5 p.m., Friday,
Register: December 19, 2006 (71 FR March 16, 2007, regarding possible de
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December 5, 2006 (71 FR 70560).


The Commission’s related evaluation 75995). The Commission’s related minimis CNL waivers with respect to
of the amendment is contained in a evaluation of the amendments is particular articles and possible
Safety Evaluation dated February 5, contained in a Safety Evaluation dated redesignations under the GSP program
2007. January 18, 2007. of articles currently not eligible for GSP
No significant hazards consideration No significant hazards consideration benefits because they previously
comments received: No. comments received: No. exceeded the CNLs. Additionally,

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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices 8809

public comments are invited by 5 p.m., remains in effect until the President The computer-generated lists
Friday, March 23, 2007, regarding the determines that it is no longer published on the USTR Web site are for
potential revocation of CNL waivers that warranted due to changed informational purposes only. They may
meet the new statutory thresholds set circumstances. Section 503(d)(4)(B)(ii) not include all articles to which the GSP
forth by section 503(d)(4)(B)(ii) of the of the 1974 Act, as amended by Public CNLs may apply. All determinations
Trade Act of 1974 (19 U.S.C. Law 109–432, also provides that, ‘‘[n]ot and decisions regarding the CNLs of the
2463(d)(4)(B)(ii)), as amended by Public later than July 1 of each year, the GSP program will be based on full 2006
Law 109–432. President should revoke any waiver that calendar year import data with respect
FOR FURTHER INFORMATION CONTACT: The has then been in effect with respect to to each GSP-eligible article. Each
GSP Subcommittee of the Trade Policy an article for 5 years or more if the interested party is advised to conduct its
Staff Committee, Office of the United beneficiary developing country has own review of 2006 import data with
States Trade Representative, 1724 F exported to the United States (directly respect to the possible application of the
Street, NW., Room F–220, Washington, or indirectly) during the preceding GSP CNL provisions.
DC 20508. The telephone number is calendar year a quantity of the article List I on the USTR Web site shows: (a)
(202) 395–6971. (I)—having an appraised value in excess Articles from BDCs that became
SUPPLEMENTARY INFORMATION: of 1.5 times the applicable amount set ineligible for GSP treatment on or before
forth in subsection (c)(2)(A)(ii) for that July 1, 2006; and (b) GSP-eligible
I. Competitive Need Limitations calendar year [$187.5 million in 2006]; articles from BDCs that exceeded the
The GSP program provides for the or (II) exceeding 75 percent of the CNL by having been exported in excess
duty-free importation of designated appraised value of the total imports of of $125 million, or by an amount greater
articles when imported from designated that article into the United States during than 50% of the total U.S. import value
beneficiary developing countries that calendar year.’’ in 2006. Petitions to grant CNL waivers
(BDCs). The GSP program is authorized for those articles that received GSP
by title V of the Trade Act of 1974 (19 II. Implementation of Competitive Need
benefits during 2006 but stand to lose
U.S.C. 2461, et seq.), as amended (the Limitations, Waivers, and
GSP duty-free treatment on July 1, 2007,
‘‘1974 Act’’), and is implemented in Redesignations
must have been previously submitted in
accordance with Executive Order 11888 Exclusions from GSP duty-free the 2006 GSP Annual Review.
of November 24, 1975, as modified by treatment where CNLs have been List II identifies GSP-eligible articles
subsequent Executive Orders and exceeded will be effective July 1, 2007, from BDCs that are above the 50 percent
Presidential Proclamations. unless granted a waiver by the CNL, but that are eligible for a de
Section 503(c)(2)(A) of the 1974 Act President. Any CNL-based exclusions, minimis waiver of the 50 percent CNL.
sets out the two CNLs. When the CNL waiver revocations, and decisions Articles eligible for de minimis waivers
President determines that a BDC with respect to de minimis waivers and are automatically considered in the GSP
exported to the United States during a redesignations will be based on full annual review process, without
calendar year either (1) a quantity of a 2006 calendar year import data. petitions, and public comments are
GSP-eligible article having a value in invited.
excess of the applicable amount for that III. 2006 Import Statistics List III shows GSP-eligible articles
year ($125 million for 2006), or (2) a In order to provide notice of articles from certain BDCs that are currently not
quantity of a GSP-eligible article having that have exceeded the CNLs for 2006, receiving GSP duty-free treatment, but
a value equal to or greater than 50 and to afford an opportunity for that may be considered for GSP
percent of the value of total U.S. imports comment regarding potential de redesignation based on 2006 trade data
of the article from all countries (the ‘‘50 and consideration of certain statutory
minimis waivers, redesignations, and
percent CNL’’), the President must factors, as set forth above.
the potential revocation of waivers that
terminate GSP duty-free treatment for Recommendations to the President on
are subject to the new CNL waiver
that article from that BDC by no later redesignations are normally made as
thresholds provided by section
than July 1 of the next calendar year. part of the GSP annual review process,
De minimis waivers. Under section 503(d)(4)(B)(ii) of the 1974 Act, as
amended by Public Law 109–432, and public comments are invited.
503(c)(2)(F) of the 1974 Act, the List IV shows articles subject to the
President may waive the 50 percent import data for 2006 are available at
http://www.ustr.gov/ new CNL waiver thresholds of section
CNL with respect to an eligible article 503(d)(4)(B)(ii) of the 1974 Act, as
imported from a BDC if the value of Trade_Development/
Preference_Programs/GSP/ amended by Pub. L. 109–432.
total imports of that article from all Recommendations to the President on
countries during the calendar year did Section_Index.html). Full 2006 calendar
year data for individual tariff revocation of these waivers will be
not exceed the applicable de minimis made as part of the 2006 GSP annual
amount for that year ($18 million for subheadings may be viewed on the Web
site of the U.S. International Trade review process, and public comments
2006). are invited.
Redesignations. Under section Commission at http://
503(c)(2)(C) of the 1974 Act, if imports dataweb.usitc.gov/. IV. Public Comments
of an eligible article from a BDC ceased The lists available on the USTR Web
site contain, for each article, the Requirements for Submissions
to receive duty-free treatment due to
exceeding a CNL in a prior year, the Harmonized Tariff Schedule of the All submissions must conform to the
President may, subject to the United States (HTSUS) subheading and GSP regulations set forth at 15 CFR part
considerations in sections 501 and 502 BDC country of origin, the value of 2007, except as modified below.
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of the 1974 Act, redesignate such an imports of the article for the 2006 Furthermore, each party providing
article for duty-free treatment if imports calendar year, and the percentage of comments should indicate on the first
in the most recently completed calendar total imports of that article from all page of the submission its name, the
year did not exceed the CNLs. countries. The annotations on the lists relevant HTSUS subheading(s), the BDC
CNL waiver revocation. Under Section indicate, among other things, the status of interest, and the type of action (e.g.,
503(d)(5) of the 1974 Act, a CNL waiver of GSP eligibility. new statutory criteria, de minimis

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8810 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices

waiver or redesignation) in which the For any document containing 2(a)(32), 5(a)(1), 22(d) and 24(d) of the
party is interested. business confidential information Act and rule 22c–1 under the Act, and
Comments must be submitted, in submitted as an electronic attached file under sections 6(c) and 17(b) of the Act
English, to the Chairman of the GSP to an e-mail transmission, the file name for an exemption from sections 17(a)(1)
Subcommittee of the Trade Policy Staff of the business confidential version and (a)(2) of the Act.
Committee (TPSC) as soon as possible, should begin with the characters ‘‘BC-’’,
but no later than 5 p.m., Friday, March and the file name of the public version APPLICANTS: Rydex ETF Trust (‘‘Trust’’),
16, 2007, for comments regarding de should begin with the character ‘‘P-’’. PADCO Advisors II, Inc. (‘‘Advisor’’),
minimis waivers or redesignations, and The ‘‘BC-’’ or ‘‘-’’should be followed by and Rydex Distributors, Inc.
no later than 5 p.m., March 23, 2007, for the name of the party (government, (‘‘Distributor’’).
comments on the potential revocation of company, union, association, etc.) SUMMARY OF APPLICATION: Applicants
CNL waivers that meet the new which is submitting the comments. request an order that would permit: (a)
statutory thresholds. E-mail submissions should not series of an open-end management
To facilitate prompt consideration of include separate cover letters or investment company to issue shares of
submissions, USTR will only accept messages in the message area of the e- limited redeemability; (b) secondary
electronic e-mail submissions in mail; information that might appear in market transactions in the shares of the
response to this notice. Hand-delivered any cover letter should be included series to occur at negotiated prices on a
submissions either by mail or other directly in the attached file containing national securities exchange, as defined
delivery options will not be accepted. the submission itself, including the in section 2(a)(26) of the Act, such as
Submissions should be single-copy sender’s identifying information with the New York Stock Exchange LLC
transmissions in English with the total telephone number, fax number, and e- (‘‘NYSE’’), The NASDAQ Stock Market,
submission not to exceed 20 single- mail address. The e-mail address for Inc. (‘‘Nasdaq’’) and the American Stock
spaced standard letter-size pages, submissions to the 2006 GSP Exchange LLC (‘‘Amex’’) (each, an
including attachments, and three Redesignation and De minimis Waiver ‘‘Exchange’’); (c) dealers to sell shares of
megabytes as a digital file attached to an Review is FR0441@USTR.EOP.GOV. the series of the Trust to purchasers in
e-mail transmission. The e-mail The e-mail address for the 2006 CNL the secondary market unaccompanied
transmission must use either one of the Waiver Threshold Review is by a prospectus, when prospectus
two following subject lines, based on FR0618@USTR.EOP.GOV. Documents delivery is not required by the
the subject of the comment being not submitted in accordance with these Securities Act of 1933 (the ‘‘Securities
submitted: ‘‘Comments on 2006 GSP instructions may not be considered in Act’’); and (d) certain affiliated persons
Redesignation and De minimis Waiver this review. If unable to provide of a series to deposit securities into, and
Review,’’ or ‘‘Comments on 2006 CNL submissions by e-mail, please contact receive securities from, the series in
Waiver Threshold Review,’’ followed by the GSP Subcommittee to arrange for an connection with the purchase and
the BDC country of origin and HTSUS alternative method of transmission. redemption of aggregations of the series’
subheading number as set out in the Public versions of all documents shares.1
appropriate list. Documents must be relating to this review will be available FILING DATES: The application was filed
submitted as either MSWord (‘‘.doc’’), for public review approximately two on October 27, 2006. Applicants have
Word Perfect (‘‘.wpd’’), Adobe (‘‘.pdf’’) weeks after the due date by appointment agreed to file an amendment during the
or text (‘‘.txt’’) files. Documents in the USTR Public Reading Room, 1724 notice period, the substance of which is
submitted as electronic image files or F Street NW., Washington, DC. reflected in this notice.
containing imbedded images (for Availability of documents may be HEARING OR NOTIFICATION OF HEARING: An
example, ‘‘.jpg’’, ‘‘.tif’’, ‘‘.bmp’’, or ‘‘.gif’’ ascertained, and appointments may be order granting the requested relief will
files) will not be accepted. Spreadsheets made from 9:30 a.m. to noon and 1 p.m. be issued unless the Commission orders
submitted as supporting documentation to 4 p.m., Monday through Friday, by a hearing. Interested persons may
are acceptable as Excel, pre-formatted calling 202–395–6186. request a hearing by writing to the
for printing on 81⁄2 x 11 inch paper. To Commission’s Secretary and serving
the extent possible, any data Marideth J. Sandler,
applicants with a copy of the request,
attachments to the submission should Executive Director, Generalized System of
Preferences (GSP) Program, and Chair, GSP personally or by mail. Hearing requests
be included in the same file as the
Subcommittee, Office of the U.S. Trade should be received by the Commission
submission itself, and not as separate
Representative. by 5:30 p.m. on March 19, 2007, and
files.
If the submission contains business [FR Doc. E7–3394 Filed 2–26–07; 8:45 am] should be accompanied by proof of
confidential information, pursuant to 15 BILLING CODE 3190–W7–P
service on applicants, in the form of an
CFR 2003.6, a non-confidential version affidavit or, for lawyers, a certificate of
of the submission must also be service. Hearing requests should state
submitted that indicates where SECURITIES AND EXCHANGE the nature of the writer’s interest, the
confidential information was redacted COMMISSION reason for the request, and the issues
by inserting asterisks where material contested. Persons who wish to be
[Release No. IC–27703; 812–13337] notified of a hearing may request
was deleted. In addition, the
confidential version must be clearly notification by writing to the
Rydex ETF Trust, et al.; Notice of Commission’s Secretary.
marked ‘‘BUSINESS CONFIDENTIAL’’ Application
at the top and bottom of each page of the 1 The Trust currently operates pursuant to an
document. The non-confidential version February 20, 2007.
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order that grants such relief to offer series that


must be clearly marked ‘‘PUBLIC’’ or AGENCY: Securities and Exchange match the performance of equity securities indices.
‘‘NON-CONFIDENTIAL’’ at the top and Commission (‘‘Commission’’). In the Matter of Rydex ETF Trust, et al., Investment
bottom of each page. Documents that are ACTION: Notice of an application for an Company Act Release Nos. 25948 (Feb. 27, 2003)
(notice) and 25970 (Mar. 25, 2003) (order), amended
submitted without any marking may not order under section 6(c) of the by Investment Company Act Release Nos. 27183
be accepted or will be considered public Investment Company Act of 1940 (the (Dec. 8, 2005) (notice) and 27202 (Jan. 4, 2006)
documents. ‘‘Act’’) for an exemption from sections (order), (‘‘Prior Order’’).

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