9958 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices 

For the Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4527 Filed 3–3–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–400; NRC–2010–0020] 

Carolina Power & Light Company, 

Shearon Harris Nuclear Power Plant, 

Unit 1; Exemption 

1.0 Background 

Carolina Power & Light Company (the 

licensee), now doing business as 

Progress Energy Carolinas, Inc. (PEC), is 

the holder of Renewed Facility 

Operating License No. NPF–63, which 

authorizes operation of the Shearon 

Harris Nuclear Power Plant, Unit 1 

(HNP). The license provides, among 

other things, that the facility is subject 

to all rules, regulations, and orders of 

the U.S. Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. The facility 

consists of one pressurized water reactor 

located in New Hill, North Carolina. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 73, ‘‘Physical 

Protection of Plants and Materials,’’ 

section 73.55, ‘‘Requirements for 

physical protection of licensed activities 

in nuclear power reactors against 

radiological sabotage,’’ published March 

27, 2009, effective May 26, 2009, with 

a full implementation date of March 31, 

2010, requires licensees to protect, with 

high assurance, against radiological 

sabotage by designing and 

implementing comprehensive site 

security programs. The amendments to 

10 CFR 73.55 published on March 27, 

2009, establish and update generically 

applicable security requirements similar 

to those previously imposed by the 

Commission orders issued after the 

terrorist attacks of September 11, 2001, 

and implemented by licensees. In 

addition, the amendments to 10 CFR 

73.55 include additional requirements 

to further enhance site security based 

upon insights gained from 

implementation of the post-September 

11, 2001, security orders. It is from three 

of these new requirements that HNP 

now seeks an exemption from the March 

31, 2010, implementation date. All other 

physical security requirements 

established by this recent rulemaking 

have already been or will be 

implemented by the licensee by March 

31, 2010. 

By letter dated November 30, 2009, as 

supplemented by letter dated December 

16, 2009, the licensee requested an 

exemption in accordance with 10 CFR 

73.5, ‘‘Specific Exemptions.’’ 

Attachment 1 to the licensee’s 

November 30, 2009, letter, as well as the 

December 16, 2009, letter in its entirety, 

contain security-related information 

and, accordingly, are not available to the 

public. The licensee has requested an 

exemption from the March 31, 2010, 

compliance date stating that it must 

complete a number of significant 

physical modifications to the current 

site security configuration before all 

requirements of 10 CFR part 73 can be 

met. Specifically, the request is to 

extend the compliance date for one 

requirement from the current March 31, 

2010, deadline to July 30, 2010, and to 

extend the compliance date for two 

additional requirements to December 

15, 2010. Being granted this exemption 

for the three items would allow the 

licensee to complete the modifications 

designed to update aging equipment and 

incorporate state-of-the-art technology 

to meet the regulatory requirements. 

3.0 Discussion of Part 73 Schedule 

Exemptions From the March 31, 2010, 

Full Implementation Date 

The regulation in 10 CFR 73.55(a)(1) 

states: ‘‘By March 31, 2010, each nuclear 

power reactor licensee, licensed under 

10 CFR part 50, shall implement the 

requirements of this section through its 

Commission-approved Physical Security 

Plan, Training and Qualification Plan, 

Safeguards Contingency Plan, and Cyber 

Security Plan referred to collectively 

hereafter as ‘‘security plans.’ ’’ Pursuant 

to 10 CFR 73.5, the Commission may, 

upon application by any interested 

person or upon its own initiative, grant 

exemptions from the requirements of 10 

CFR part 73 when the exemptions are 

authorized by law, and will not 

endanger life or property or the common 

defense and security, and are otherwise 

in the public interest. 

NRC approval of this exemption, as 

noted above, would allow an extension 

from March 31, 2010, until July 30, 

2010, for one requirement, and 

December 15, 2010, for two other 

requirements. As stated above, 10 CFR 

73.5 allows the NRC to grant 

exemptions from the requirements of 10 

CFR 73. The NRC staff has determined 

that granting the licensee’s proposed 

exemption would not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

In the draft final rule provided to the 

Commission on July 9, 2008, the NRC 

staff proposed that the requirements of 

the new regulation be met within 180 

days. The Commission directed a 

change from 180 days to approximately 

1 year for licensees to fully implement 

the new requirements. This change was 

incorporated into the final rule. From 

this, it is clear that the Commission 

desires to provide a reasonable 

timeframe for licensees to achieve full 

compliance. 

As noted in the final rule, the 

Commission also anticipated that 

licensees would have to conduct sitespecific analyses in order to determine 

what changes were necessary to 

implement the rule’s requirements, and 

that changes could be accomplished 

through a variety of licensing 

mechanisms, including exemptions. 

Since issuance of the final rule, the 

Commission has rejected a generic 

industry request to extend the rule’s 

compliance date for all operating 

nuclear power plants, but noted that the 

Commission’s regulations provide 

mechanisms for individual licensees, 

with good cause, to apply for relief from 

the compliance date (Reference: June 4, 

2009 letter from R. W. Borchardt, NRC, 

to M. S. Fertel, Nuclear Energy 

Institute). The licensee’s request for an 

exemption is therefore consistent with 

the approach set forth by the 

Commission and discussed in the June 

4, 2009 letter. 

Shearon Harris Nuclear Power Plant, 

Unit 1, Schedule Exemption Request 

The licensee provided detailed 

information in Attachment 1 of its 

November 30, 2009, letter requesting an 

exemption. It describes a 

comprehensive plan to install additional 

intrusion detection equipment, relocate 

certain security assets, and upgrade 

other security related systems at the 

HNP site, as well as providing a 

timeline for achieving full compliance 

with the new regulation. Attachment 1 

contains security-related information 

regarding the site security plan, details 

of the specific requirements of the 

regulation for which the site cannot be 

in compliance by the March 31, 2010, 

deadline and why, the required changes 

to the site’s security configuration, and 

a timeline with critical path activities 

that will enable the licensee to achieve 

full compliance by July 30, 2010, and 

December 15, 2010, respectively. The 

timeline provides dates indicating 

when: (1) The design work will be 

completed for the projects that will 

bring each of the three remaining areas 

into compliance; (2) construction will 

begin on various phases of the projects 

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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices 9959 

(i.e., new roads, buildings, and fences); 

and (3) critical equipment will be 

ordered, installed, tested and become 

operational. 

The licensee indicated that with 

completion of the three projects noted 

above by July 30, 2010, and December 

15, 2010, HNP will be in full 

compliance with all the regulatory 

requirements of 10 CFR 73.55, as issued 

on March 27, 2009. Notwithstanding the 

schedular exemptions for these limited 

requirements, the licensee will continue 

to be in compliance with all other 

applicable physical security 

requirements as described in 10 CFR 

73.55 and reflected in HNP’s current 

NRC approved physical security 

program. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The staff has reviewed the licensee’s 

submittals and concludes that the 

licensee has provided adequate 

justification for its request for an 

extension of the compliance date to July 

30, 2010, and December 15, 2010, 

respectively, with regard to three 

specified requirements of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, an exemption from the March 31, 

2010, compliance date is authorized by 

law and will not endanger life or 

property or the common defense and 

security, and is otherwise in the public 

interest. Therefore, the Commission 

hereby grants the requested exemption. 

The NRC staff has determined that the 

long-term benefits that will be realized 

when the installation of additional 

intrusion detection equipment, 

relocation of certain security assets, and 

upgrades to other security related 

systems are complete at HNP justifies 

extending the full compliance date with 

regard to the specified requirements of 

10 CFR 73.55. The security measures 

that HNP needs additional time to 

implement are new requirements 

imposed by the March 27, 2009, 

amendments to 10 CFR 73.55, and are 

in addition to those required by the 

security orders issued in response to the 

events of September 11, 2001. 

Therefore, it is concluded that the 

licensee’s actions are in the best interest 

of protecting the public health and 

safety through the security changes that 

will result from granting this exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

deadline for the three items specified in 

Attachment 1 of the PEC letter dated 

November 30, 2009, the licensee is 

required to be in full compliance with 

the specified requirements of 10 CFR 

73.55 by July 30, 2010, and December 

15, 2010, as applicable. In achieving 

compliance, the licensee is reminded 

that it is responsible for determining the 

appropriate licensing mechanism (i.e., 

10 CFR 50.54(p) or 50.90) for 

incorporation of all necessary changes 

to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 3942, dated 

January 25, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 24th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Allen Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4525 Filed 3–3–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–29161] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

February 26, 2010. 

The following is a notice of 

applications for deregistration under 

section 8(f) of the Investment Company 

Act of 1940 for the month of February, 

2010. A copy of each application may be 

obtained via the Commission’s Web site 

by searching for the file number, or an 

applicant using the Company name box, 

at http://www.sec.gov/search/ 

search.htm or by calling (202) 551– 

8090. An order granting each 

application will be issued unless the 

SEC orders a hearing. Interested persons 

may request a hearing on any 

application by writing to the SEC’s 

Secretary at the address below and 

serving the relevant applicant with a 

copy of the request, personally or by 

mail. Hearing requests should be 

received by the SEC by 5:30 p.m. on 

March 23, 2010, and should be 

accompanied by proof of service on the 

applicant, in the form of an affidavit or, 

for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1090. 

FOR FURTHER INFORMATION CONTACT: 

Diane L. Titus at (202) 551–6810, SEC, 

Division of Investment Management, 

Office of Investment Company 

Regulation, 100 F Street, NE., 

Washington, DC 20549–4041. 

Oppenheimer Baring Japan Fund [File 

No. 811–21954] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On August 8, 

2009, applicant transferred its assets to 

Oppenheimer International Growth 

Fund, based on net asset value. 

Expenses of $33,608 incurred in 

connection with the reorganization were 

paid by applicant. 

Filing Date: The application was filed 

on February 2, 2010. 

Applicant’s Address: 6803 S. Tucson 

Way, Centennial, CO 80112. 

Samarnan Investment Corporation [File 

No. 811–2824] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On December 2, 

2009, applicant made a final liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $93,115 

incurred in connection with the 

liquidation were paid by applicant. 

Applicant has retained $37,700 in cash 

to pay certain outstanding expenses. 

Filing Date: The application was filed 

on February 1, 2010. 

Applicant’s Address: 214 North 

Ridgeway Dr., Cleburne, TX 76033. 

North Track Funds, Inc. [File No. 811– 

4401] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On July 31, 2009, 

applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $74,209 

incurred in connection with the 

liquidation were paid by applicant and 

Ziegler Capital Management, LLC, 

applicant’s investment adviser. 

Filing Date: The application was filed 

on February 5, 2010. 

Applicant’s Address: 200 South 

Wacker Dr., Suite 2000, Chicago, IL 

60606. 

Cohen & Steers European Realty 

Shares, Inc. [File No. 811–22010] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On September 18, 

2009, applicant transferred its assets to 

Cohen & Steers International Realty 

Fund, Inc., based on net asset value. 

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