Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 64981

telephone: 202–606–2478 fax: 202–606–

0395 or by e-mail at rdanvers@imls.gov.

SUPPLEMENTARY INFORMATION:

Background: The Institute of Museum 

and Library Services is an independent 

Federal grant-making agency authorized 

by the Museum and Library Services 

Act, 20 U.S.C. 9101, et seq. The IMLS 

provides a variety of grant programs to 

assist the nation’s museums and 

libraries in improving their operations 

and enhancing their services to the 

public. Museums and libraries of all 

sizes and types may receive support 

from IMLS programs. The Museum and 

Library Services Act, 20 U.S.C. 9101, et 

seq. authorizes the Director of the 

Institute of Museum and Library 

Services to make grants to museums and 

other entities as the Director considers 

appropriate, and to Indian tribes and to 

organizations that primarily serve and 

represent Native Hawaiians. 

I. The Institute of Museum and 

Library Services published an initial 

Notice for Requests for Information 

Collection in the 68 FR 42782, July 16, 

2004. In response to this initial 60-day 

comment period, the agency received a 

few questions and takes this 

opportunity to clarify the eligibility 

requirements for the Native American/

Native Hawaiian Museum Services grant 

program. IMLS’s authorizing legislation 

requires the Director of the agency to 

award financial assistance under this 

program to eligible Native American 

tribes that are ‘‘recognized by the 

Secretary of the Interior as eligible for 

special programs and services provided 

by the United States to Indians because 

of their status as Indians,’’ as well as 

organizations that primarily serve and 

represent Native Hawaiians. See 20 

U.S.C. 9101(4) and 9173(d). Museums 

with 501(c)3 status under the Internal 

Revenue Code, that are located within 

tribes or within the U.S., U.S. territories, 

or Freely-Associated States, are not 

eligible to apply directly to this 

program, but may partner with an 

eligible tribe or organization. In 

addition, museums are eligible for other 

IMLS grant programs, as described in 

the agency’s program guide located at 

http://www.imls.gov.

The Institute of Museum and Library 

Services also received a small number of 

comments regarding the agency’s 

guidelines for the 21st Century Museum 

Professionals grant program. Most 

responses related to the scope of 

professional development activities 

contemplated by the program. 

Responders suggested specific areas that 

could be funded through the program 

(e.g., financial management and 

scholarly research on collections). IMLS 

has clarified sections of the guidelines 

that seem to have caused confusion and 

misunderstanding as to the scope of the 

program. 

II. Current Actions 

To administer these programs of 

grants, cooperative agreements and 

contracts, IMLS must develop 

application guidelines, reports and 

customer service surveys. 

Agency: Institute of Museum and 

Library Services. 

Title: Application Guidelines. 

OMB Number: n/a. 

Agency Number: 3137. 

Frequency: Annually. 

Affected Public: Museums, museum 

organizations, Indian tribes and to 

organizations that primarily serve and 

represent Native Hawaiians. 

Number of Respondents: 150. 

Estimated Time Per Respondent: 10–

35 hours. 

Total Burden Hours: 2750. 

Total Annualized Capital/Startup 

Costs: 0. 

Total Annual Costs: 0.

CONTACT: Rebecca Danvers, Director of 

the Office of Research and Technology, 

Institute of Museum and Library 

Services, 1100 Pennsylvania Avenue, 

NW., Washington, DC 20506, telephone 

(202) 606–2478.

Dated: November 3, 2004. 

Rebecca Danvers, 

Director, Office of Research and Technology.

[FR Doc. 04–24894 Filed 11–8–04; 8:45 am] 

BILLING CODE 7036–01–M

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts; Arts 

Advisory Panel 

Pursuant to Section 10(a)(2) of the 

Federal Advisory Committee Act (Public 

Law 92–463), as amended, notice is 

hereby given that eight meetings of the 

Arts Advisory Panel to the National 

Council on the Arts will be held at the 

Nancy Hanks Center, 1100 Pennsylvania 

Avenue, NW., Washington, DC 20506 as 

follows: 

Museums (Access to Artistic 

Excellence): November 30–December 2, 

2004, Room 716. This meeting, from 9 

a.m. to 5:30 p.m. on November 30th, 

from 9 a.m. to 6 p.m. on December 1st, 

and from 9 a.m. to 3 p.m. on December 

2nd, will be closed. 

Theater/Musical Theater (Access to 

Artistic Excellence, Panel B): December 

1–2, 2004, Room 730. A portion of this 

meeting, from 2:30 p.m. to 3:30 p.m. on 

December 2nd, will be for policy 

discussion and will be open to the 

public. The remainder of the meeting, 

from 9 a.m. to 6 p.m. on December 1st, 

and from 9 a.m. to 2:30 p.m. and from 

3:30 p.m. to 5 p.m. on December 2nd, 

will be closed. 

Arts Education (Learning in the Arts 

for Children & Youth, Panel B3): 

December 2–3, 2004, Room 714. A 

portion of this meeting, from 3:45 p.m. 

to 4:15 p.m. on December 3rd, will be 

for policy discussion and will be open 

to the public. The remainder of the 

meeting, from 9 a.m. to 6 p.m. on 

December 2nd, and from 9 a.m. to 3:45 

p.m. and 4:15 p.m. to 4:45 p.m. on 

December 3rd, will be closed. 

Multidisciplinary (Access to Artistic 

Excellence): December 7–10, 2004, 

Room 716. A portion of this meeting, 

from 3 p.m. to 4 p.m. on December 10th, 

will be for policy discussion and will be 

open to the public. The remainder of the 

meeting, from 9 a.m. to 5:30 p.m. on 

December 7th–9th, and from 9 a.m. to 3 

p.m. and 4 p.m. to 4:50 p.m. on 

December 10th, will be closed. 

Literature (Access to Artistic 

Excellence): December 8–10, 2004, 

Room 714. A portion of this meeting, 

from 11 a.m. to 12 p.m. on December 

10th, will be for policy discussion and 

will be open to the public. The 

remainder of the meeting, from 9 a.m. to 

6 p.m. on December 8th and December 

9th, and from 9 a.m. to 11 a.m. and 12 

p.m. to 3 p.m. on December 10th, will 

be closed. 

Arts Education (Learning in the Arts 

for Children & Youth, Panel D2): 

December 13, 2004, Room 716. A 

portion of this meeting, from 4:30 p.m. 

to 5 p.m., will be for policy discussion 

and will be open to the public. The 

remainder of the meeting, from 8:30 

a.m. to 4:30 p.m. and 5 p.m. to 5:30 

p.m., will be closed. 

Arts Education (Learning in the Arts 

for Children & Youth, Panel D3): 

December 14–16, 2004, Room 716. A 

portion of this meeting, from 3 p.m. to 

4 p.m. on December 15th, will be for 

policy discussion and will be open to 

the public. The remainder of the 

meeting, from 9 a.m. to 5:30 p.m. on 

December 14th and 16th, and from 9 

a.m. to 3 p.m. and 4 p.m. to 5:30 p.m. 

on December 15th, will be closed. 

Arts Education (Learning in the Arts 

for Children & Youth, Panel D4): 

December 17, 2004, Room 716. A 

portion of this meeting, from 4:30 p.m. 

to 5 p.m., will be for policy discussion 

and will be open to the public. The 

remainder of the meeting, from 9 a.m. to 

4:30 p.m. and 5 p.m. to 5:30 p.m., will 

be closed. 

The closed portions of meetings are 

for the purpose of Panel review, 

discussion, evaluation, and 

64982 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

recommendation on applications for 

financial assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency by grant 

applicants. In accordance with the 

determination of the Chairman of April 

14, 2004, these sessions will be closed 

to the public pursuant to subsection 

(c)(6) of 5 U.S.C. 552b. 

Any person may observe meetings, or 

portions thereof, of advisory panels that 

are open to the public, and if time 

allows, may be permitted to participate 

in the panel’s discussions at the 

discretion of the panel chairman. 

If you need special accommodations 

due to a disability, please contact the 

Office of AccessAbility, National 

Endowment for the Arts, 1100 

Pennsylvania Avenue, NW., 

Washington, DC 20506, 202/682–5532, 

TDY–TDD 202/682–5496, at least seven 

(7) days prior to the meeting. 

Further information with reference to 

these meetings can be obtained from Ms. 

Kathy Plowitz-Worden, Office of 

Guidelines & Panel Operations, National 

Endowment for the Arts, Washington, 

DC 20506, or call 202/682–5691.

Dated: November 3, 2004. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts.

[FR Doc. 04–24908 Filed 11–8–04; 8:45 am] 

BILLING CODE 7537–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–219] 

AmerGen Energy Company, LLC; 

Oyster Creek Nuclear Generating 

Station; Exemption 

1.0 Background 

AmerGen Energy Company, LLC (the 

licensee), is the holder of Facility 

Operating License No. DPR–16, which 

authorizes operation of the Oyster Creek 

Nuclear Generating Station (OCNGS). 

The facility consists of a boiling-water 

reactor (BWR), located in Ocean County, 

New Jersey. The license provides, 

among other things, that the facility is 

subject to all rules, regulations, and 

orders of the Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 50, Appendix 

J, Option B, Section III.B., ‘‘Type B and 

C Tests,’’ states, in part, that 

containment leakage tests must 

demonstrate that the sum of the leakage 

rates at accident pressure of Type B 

tests, and pathway leakage rates from 

Type C tests, is less than the 

performance criterion (La) with margin 

as specified in the Technical 

Specifications (TSs). In this context, 

‘‘accident pressure,’’ Pa, was previously 

analyzed to be 35 psig at OCNGS. 

Accordingly, for main steam isolation 

valves (MSIVs), leakage rate testing is to 

be done at this peak containment 

calculated pressure, i.e., 35 psig. 

By letter dated December 23, 2003, 

the licensee requested a permanent 

exemption from the requirements of the 

subject provision of Appendix J, such 

that the MSIVs may be tested at lower 

pressures but not lower than 20 psig. By 

separate application also dated 

December 23, 2003, the licensee 

proposed to revise the OCNGS TSs, 

Section 4.5.D, to specify the lower test 

pressure and leakage rate; the NRC staff 

will communicate the results of its 

review of this proposed license 

amendment by separate 

correspondence. 

In summary, in order for the NRC staff 

to approve the lower leakage rate test 

pressure for the TSs, the licensee first 

needs an exemption from the subject 

regulation. 

3.0 Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50 when (1) 

the exemptions are authorized by law, 

will not present an undue risk to public 

health or safety, and are consistent with 

the common defense and security; and 

(2) when special circumstances are 

present. These circumstances include 

situations where the regulation would 

not serve the underlying purpose of the 

rule. 

OCNGS has two main steam lines, 

each having two MSIVs. The MSIVs are 

24-inch angled globe valves of ‘‘Y’’

configuration. The cup-shaped poppet 

moves on a centerline that is 45 degrees 

upward from the horizontal centerline 

of the piping run. Each MSIV is oriented 

to provide effective sealing in the 

direction of post-accident containment 

atmosphere leakage, i.e., the forward 

direction, as compared to the betweenthe-valve Type C test which tends to 

unseat the inboard valve. The design of 

the steam lines is such that the preferred 

method of Type C testing is through the 

use of a between-the-valves test tap. 

Periodic Type C testing verifies that the 

leakage assumed in the radiological 

analysis is not exceeded. The licensee is 

requesting this exemption and 

associated amendment to the TSs in 

order to reduce the probability of lifting 

the inboard MSIVs during testing. 

Testing of the two MSIVs 

simultaneously at Pa, by pressurizing 

between the valves tends to lift the disc 

of the inboard valve. This results in test 

results which may not accurately reflect 

the isolation capabilities of the MSIVs. 

Therefore, testing the two MSIVs 

simultaneously at Pa does not serve the 

underlying purpose of the rule. 

In conjunction with the proposed 

exemption, the licensee proposed an 

amendment to the TSs, specifying 

testing at a minimum of 20 psig between 

the 2 MSIVs, and an acceptance 

pathway leakage rate of 11.9 standard 

cubic feet per hour. The proposed 20 

psig pressure is greater than one-half of 

Pa, and the licensee stated that it would 

avoid lifting the disc of the inboard 

valve. As shown in the OCNGS Updated 

Final Safety Analysis Report, Figure 

6.2–3, the primary containment pressure 

following a design-basis loss-of-coolant 

accident reaches its peak within 2 to 3 

seconds, and rapidly drops below 20 

psig. The NRC staff has previously 

approved testing of MSIVs at reduced 

pressure at many other BWR plants. 

Industry experience in testing these 

valves at a pressure in the range of 20 

psig and with an acceptance criterion of 

approximately 11.9 standard cubic feet 

per hour has been shown to be effective 

in determining the condition of these 

valves. 

The underlying purpose of the 

requirements of 10 CFR part 50, 

Appendix J, Option B, Section III.B is to 

demonstrate by periodic testing that the 

primary reactor containment will be 

able to perform its function of providing 

a leak-tight barrier against uncontrolled 

release of radioactivity to the 

environment. As stated above, the NRC 

staff examined the licensee’s rationale to 

support the exemption and concluded 

that MSIV leakage testing at accident 

pressure does not serve the underlying 

purpose of the rule, and fulfillment of 

the proposed alternative testing criteria 

would demonstrate leak-tightness of the 

MSIVs. Thus, the underlying purpose of 

the subject regulation is achieved and 

served by the licensee’s proposed 

criteria. 

Based upon a consideration of the 

information submitted by the licensee, 

the NRC staff concludes that the 

licensee’s proposed reduced test 

pressure for Type C testing of MSIVs is 

justified. 

Therefore, the NRC staff concludes 

that pursuant to 10 CFR 50.12(a)(2), 

special circumstances are present in that 

application of the Appendix J