70042 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

1Attachments 1 and 2 contain SAFEGUARDS 

INFORMATION and will not be released to the 

public. 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos (Redacted), License Nos 

(Redacted), EA (Redacted); NRC–2010– 

0351] 

In the Matter of All Power Reactor 

Licensees and Research Reactor 

Licensees Who Transport Spent 

Nuclear Fuel; Order Modifying License 

(Effective Immediately) 

I. 

The licensees identified in 

Attachment 1 to this Order have been 

issued a specific license by the U.S. 

Nuclear Regulatory Commission (NRC 

or Commission) authorizing the 

possession of spent nuclear fuel and a 

general license authorizing the 

transportation of spent nuclear fuel [in 

a transportation package approved by 

the Commission] in accordance with the 

Atomic Energy Act of 1954, as amended, 

and Title 10 of the Code of Federal 

Regulations (CFR) parts 50 and 71. This 

Order is being issued to all such 

licensees who transport spent nuclear 

fuel. Commission regulations for the 

shipment of spent nuclear fuel at 10 

CFR 73.37(a) require these licensees to 

maintain a physical protection system 

that meets the requirements contained 

in 10 CFR 73.37(b), (c), (d), and (e). 

II. 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, 

utilizing large commercial aircraft as 

weapons. In response to the attacks and 

intelligence information subsequently 

obtained, the Commission issued a 

number of Safeguards and Threat 

Advisories to its licensees in order to 

strengthen licensees’ capabilities and 

readiness to respond to a potential 

attack on a nuclear facility or regulated 

activity. The Commission has also 

communicated with other Federal, State 

and local government agencies and 

industry representatives to discuss and 

evaluate the current threat environment 

in order to assess the adequacy of 

security measures at licensed facilities. 

In addition, the Commission has been 

conducting a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security plan 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures are required to be 

implemented by licensees as prudent, 

interim measures, to address the current 

threat environment in a consistent 

manner. Therefore, the Commission is 

imposing requirements, as set forth in 

Attachment 2 of this Order, on all 

licensees identified in Attachment 1 of 

this Order.1 These additional security 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the common 

defense and security continue to be 

adequately protected in the current 

threat environment. These requirements 

will remain in effect until the 

Commission determines otherwise. 

The Commission recognizes that 

licensees may have already initiated 

many of the measures set forth in 

Attachment 2 to this Order in response 

to previously issued Safeguards and 

Threat Advisories or on their own. It is 

also recognized that some measures may 

not be possible or necessary for all 

shipments of spent nuclear fuel, or may 

need to be tailored to accommodate the 

licensees’ specific circumstances to 

achieve the intended objectives and 

avoid any unforeseen effect on the safe 

transport of spent nuclear fuel. 

Although the additional security 

measures implemented by licensees in 

response to the Safeguards and Threat 

Advisories have been adequate to 

provide reasonable assurance of 

adequate protection of common defense 

and security, in light of the current 

threat environment, the Commission 

concludes that the security measures 

must be embodied in an Order 

consistent with the established 

regulatory framework. In order to 

provide assurance that licensees are 

implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, all licenses identified in 

Attachment 1 to this Order shall be 

modified to include the requirements 

identified in Attachment 2 to this Order. 

In addition, pursuant to 10 CFR 2.202, 

and in light of the common defense and 

security matters identified above which 

warrant the issuance of this Order, the 

Commission finds that the public 

health, safety, and interest require that 

this Order be immediately effective. 

III. 

Accordingly, pursuant to Sections 53, 

103, 104, 161b, 161i, 161o, 182 and 186 

of the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202 and 10 CFR 

parts 50 and 71, it is hereby ordered, 

effective immediately, that all licenses 

identified in Attachment 1 to this order 

are modified as follows: 

A. All licensees shall, 

notwithstanding the provisions of any 

Commission regulation or license to the 

contrary, comply with the requirements 

described in Attachment 2 to this Order 

except to the extent that a more 

stringent requirement is set forth in the 

licensee’s security plan. The licensees 

shall immediately start implementation 

of the requirements in Attachment 2 to 

the Order and shall complete 

implementation by November 4, 2010, 

unless otherwise specified in 

Attachment 2, or before the first 

shipment after December 4, 2010, 

whichever is earlier. 

B. 1. All licensees shall, within 

twenty (20) days of the date of this 

Order, notify the Commission, (1) If they 

are unable to comply with any of the 

requirements described in Attachment 

2, (2) if compliance with any of the 

requirements is unnecessary in their 

specific circumstances, or (3) if 

implementation of any of the 

requirements would cause the licensee 

to be in violation of the provisions of 

any Commission regulation or the 

facility license. The notification shall 

provide the licensee’s justification for 

seeking relief from or variation of any 

specific requirement. 

2. Any licensee that considers that 

implementation of any of the 

requirements described in Attachment 2 

to this Order would adversely impact 

the safe transport of spent fuel must 

notify the Commission, within twenty 

(20) days of this Order, of the adverse 

safety impact, the basis for its 

determination that the requirement has 

an adverse safety impact, and either a 

proposal for achieving the same 

objectives specified in the Attachment 2 

requirement in question, or a schedule 

for modifying the activity to address the 

adverse safety condition. If neither 

approach is appropriate, the licensee 

must supplement its response to 

Condition B1 of this Order to identify 

the condition as a requirement with 

which it cannot comply, with attendant 

justifications as required in Condition 

B1. 

C. 1. All licensees shall, within 

twenty (20) days of the date of this 

Order, submit to the Commission a 

schedule for achieving compliance with 

each requirement described in 

Attachment 2. 

2. All licensees shall report to the 

Commission when they have achieved 

full compliance with the requirements 

described in Attachment 2. 

D. Notwithstanding any provisions of 

the Commission’s regulations to the 

contrary, all measures implemented or 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70043 

actions taken in response to this Order 

shall be maintained until the 

Commission determines otherwise. 

Licensee responses to Conditions B1, 

B2, C1, and C2 above, shall be 

submitted to the NRC to the attention of 

the Director, Office of Nuclear Reactor 

Regulation under 10 CFR 50.4. In 

addition, licensee submittals that 

contain Safeguards Information shall be 

properly marked and handled in 

accordance with 10 CFR 73.21. 

The Director, Office of Nuclear 

Reactor Regulation, may, in writing, 

relax or rescind any of the above 

conditions upon demonstration by the 

licensee of good cause. 

IV. 

In accordance with 10 CFR 2.202, the 

licensee must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order, and 

may request a hearing on this Order, 

within twenty (20) days of the date of 

publication of this Order in the Federal 

Register. Where good cause is shown, 

consideration will be given to extending 

the time to answer or request a hearing. 

A request for extension of time in which 

to submit an answer or request a hearing 

must be made in writing to the Director, 

Office of Nuclear Reactor Regulation, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

include a statement of good cause for 

the extension. 

The answer may consent to this 

Order. If the answer, on the other hand, 

includes a request for hearing, it shall, 

in writing and under oath or 

affirmation, specifically set forth the 

matters of fact and law on which the 

licensee or other person adversely 

affected relies and the reasons as to why 

the Order should not have been issued. 

If a person other than the licensee 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his/her interest is adversely 

affected by this Order and shall address 

the criteria set forth in 10 CFR 2.309(d). 

Any answer or request for hearing, 

must be filed in accordance with the 

NRC E-Filing rule (72 FR 49139, August 

28, 2007). The E-Filing process requires 

participants to submit and serve all 

adjudicatory documents over the 

internet, or in some cases to mail copies 

on electronic storage media. Participants 

may not submit paper copies of their 

filings unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (301) 415–1677, to request (1) a 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through EIE, users will be 

required to install a Web browser plugin from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. A presiding 

officer, having granted an exemption 

request from using E-Filing, may require 

a participant or party to use E-Filing if 

the presiding officer subsequently 

determines that the reason for granting 

the exemption from use of E-Filing no 

longer exists. 

mstockstill on DSKH9S0YB1PROD with NOTICES

70044 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. If a hearing is requested by 

the licensee or a person whose interest 

is adversely affected, the Commission 

will issue an Order designating the time 

and place of any hearing. If a hearing is 

held, the issue to be considered at such 

hearing shall be whether this Order 

should be sustained. 

Pursuant to 10 CFR 2.202(c)(2)(i), the 

licensee may, in addition to demanding 

a hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the ground that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence but on mere suspicion, 

unfounded allegations, or error. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section III above shall be final twenty 

(20) days from the date of this Order 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section III shall 

be final when the extension expires if a 

hearing request has not been received. 

An answer or a request for hearing 

shall not stay the immediate 

effectiveness of this order. 

Dated at Rockville, Maryland, this 4th day 

of November, 2010. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–28846 Filed11–15–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0354] 

Withdrawal of Regulatory Guide 1.39 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of a Regulatory 

Guide: Regulatory Guide 1.39, 

‘‘Housekeeping Requirements for WaterCooled Nuclear Power Plants,’’ dated 

September 1977. 

FOR FURTHER INFORMATION CONTACT: 

Hector L. Rodriguez-Luccioni, 

Regulatory Guide Development Branch, 

Division of Engineering, Office of 

Nuclear Regulatory Research, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–251–7685 or e-mail 

Hector.Rodriguez-Luccioni@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing 

Regulatory Guide 1.39, ‘‘Housekeeping 

Requirements for Water-Cooled Nuclear 

Power Plants,’’ dated September 1977. 

Regulatory Guide 1.39 endorsed the 

ANSI Standard N45.2.3–1973, 

‘‘Housekeeping During the Construction 

Phase of Nuclear Power Plants.’’ and 

provided a method acceptable to the 

NRC staff for complying with the 

pertinent quality assurance 

requirements of 10 CFR part 50, 

appendix B. 

The current revisions of RG 1.28 and 

RG 1.33 adequately address the related 

Quality Assurance Program with the 

latest ANSI/ASME standard NQA–1, 

which conforms to the requirements of 

10 CFR part 50, Appendix B, ‘‘Quality 

Assurance Program Criteria for Nuclear 

Power Plants and Fuel Reprocessing 

Plants.’’ 

II. Further Information 

The withdrawal of Regulatory Guide 

1.39 does not alter any prior or existing 

licensing commitments based on its use. 

The guidance provided in this 

regulatory guide is no longer necessary. 

Regulatory guides may be withdrawn 

when their guidance no longer provides 

useful information, or is superseded by 

technological, congressional actions, or 

other events. 

Guides are revised for a variety of 

reasons and the withdrawal of a 

regulatory guide should be thought of as 

the final revision of the guide. Although 

a regulatory guide is withdrawn, current 

licensees may continue to use it, and 

withdrawal does not affect any existing 

licenses or agreements. Withdrawal 

means that the guide should not be used 

for future NRC licensing activities. 

Changes to existing licenses would be 

accomplished using other regulatory 

products. 

Regulatory guides are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http://www.

nrc.gov/reading-rm/doollectionsc-c. 

Regulatory guides are also available for 

inspection at the NRC’s Public 

Document Room (PDR), Room O–1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852–2738. 

The PDR’s mailing address is US NRC 

PDR, Washington, DC 20555–0001. You 

can reach the staff by telephone at 301– 

415–4737 or 800–397–4209, by fax at 

301–415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, November 5, 

2010. 

For the Nuclear Regulatory Commission. 

John N. Ridgely, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2010–28850 Filed 11–15–10; 8:45 am] 

BILLING CODE 7590–01–P 

PEACE CORPS 

Proposed Information Collection 

Renewal 

ACTION: 30-day notice of submission of 

information collection for approval from 

the Office of Management and Budget; 

Comment request. 

SUMMARY: The Peace Corps has 

submitted an information collection 

request to the Office of Management and 

Budget (OMB) for extension under the 

provisions of the Paperwork Reduction 

Act of 1995. The information collection 

requests an extension, without change, 

of a currently approved information 

collection. This notice invites the public 

to comment on the renewal of the Peace 

Corps’ Confidential Reference Form 

(OMB Control No. 0420–0006). Peace 

Corps invites comments on whether the 

proposed collection of information is 

necessary for proper performance of the 

functions of the Peace Corps, including 

whether the information will have 

practical use; the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the information 

to be collected; and, ways to minimize 

mstockstill on DSKH9S0YB1PROD with NOTICES