10328 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

NATIONAL SCIENCE FOUNDATION 

Advisory Committee for Mathematical 

and Physical Sciences; Notice of 

Meeting 

In accordance with Federal Advisory 

Committee Act (Pub. L. 92–463, as 

amended), the National Science 

Foundation announces the following 

meeting: 

Name: Advisory Committee for 

Mathematical and Physical Sciences 

(#66) 

Date/Time: April 1, 2010, 9 a.m.– 

6 p.m.; April 2, 2010, 9 a.m–3 p.m. 

Place: National Science Foundation, 

RM 375, 4201 Wilson Boulevard, 

Arlington, VA 22230. 

Type of Meeting: Open. 

Contact Person: Dr. Morris L. 

Aizenman, Senior Science Associate, 

Directorate for Mathematical and 

Physical Sciences, Room 1005, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, VA 22230. (703) 

292–8807. 

Purpose of Meeting: To provide 

advice and recommendations 

concerning NSF science and education 

activities within the Directorate for 

Mathematical and Physical Sciences. 

Agenda: 

Update on current status of 

Directorate; 

Report of NSF Advisory Working 

Groups; 

Meeting of MPSAC with Divisions 

within MPS Directorate; 

Discussion of MPS Long-term 

Planning Activities. 

Summary Minutes: May be obtained 

from the contact person listed above. 

Dated: March 2, 2010. 

Susanne E. Bolton, 

Committee Management Officer. 

[FR Doc. 2010–4678 Filed 3–4–10; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–482; NRC–2010–0032] 

Wolf Creek Nuclear Operating 

Corporation, Wolf Creek Generating 

Station; Exemption 

1.0 Background 

Wolf Creek Nuclear Operating 

Corporation (WCNOC, the licensee) is 

the holder of Renewed Facility 

Operating License No. NPF–42, which 

authorizes the operation of the Wolf 

Creek Generating Station (WCGS). 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 

Coffey County, Kansas. 

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 in the 

Federal Register on 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 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 two of these additional 

requirements that WCGS 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 December 15, 2009, 

the licensee requested an exemption in 

accordance with 10 CFR 73.5, ‘‘Specific 

exemptions.’’ Portions of the December 

15, 2009, submittal contain securityrelated and safeguards information and, 

accordingly, is being withheld from the 

public. The redacted version of the 

December 15, 2009, letter was submitted 

by the licensee on January 12, 2010, and 

is available to the public (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML100250025). The licensee has 

requested an exemption from the March 

31, 2010, compliance date stating that it 

must complete a number of significant 

modifications to the current site security 

configuration before all requirements 

can be met. Specifically, the request is 

to extend the compliance date for two 

specific requirements from the current 

March 31, 2010, deadline to December 

31, 2010. Granting this exemption for 

the two items would allow the licensee 

to complete the modifications designed 

to incorporate substantial configuration 

changes and incorporate state-of-the-art 

technology to meet or exceed the noted 

regulatory requirements. 

3.0 Discussion of Part 73 Schedule 

Exemptions From the March 31, 2010, 

Full Implementation Date 

Pursuant to 10 CFR 73.55(a)(1), ‘‘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 December 

31, 2010, for the implementation date 

for two specific requirements of the new 

rule. 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 of 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 NRC 

approval of the licensee’s exemption 

request is authorized by law. 

In the draft final rule provided to the 

Commission, 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 

wanted 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 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 


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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10329 

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, ADAMS 

Accession No. ML091410404). 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. 

WCGS Schedule Exemption Request 

The licensee provided detailed 

information in its letter dated December 

15, 2009, requesting an exemption. The 

licensee describes a comprehensive plan 

to install equipment related to certain 

requirements in the new Part 73 rule 

and provides a timeline for achieving 

full compliance with the new 

regulation. The submittal contains 

security-related and safeguards 

information regarding the site security 

plan, details of the specific 

requirements of the regulation for which 

the site cannot achieve compliance by 

the March 31, 2010, deadline, 

justification for the extension request, a 

description of the required changes to 

the site’s security configuration, and a 

timeline with critical path activities that 

would bring the licensee into full 

compliance by December 31, 2010. The 

timeline provides dates indicating when 

(1) the various phases of the project 

begin and end (i.e., design, field 

construction and (2) critical equipment 

will be ordered, installed, tested and 

become operational. 

Notwithstanding the scheduler 

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 its current NRC 

approved physical security program. By 

December 31, 2010, WCGS will be in 

full compliance with the regulatory 

requirements of 10 CFR 73.55, as issued 

on March 27, 2009. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The NRC 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 

December 31, 2010, for two specified 

requirements of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ 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 required exemption. 

The long-term benefits that will be 

realized when the WCGS equipment 

installation is complete justifies 

exceeding the full compliance date in 

the case of this particular licensee. The 

security measures that WCGS needs 

additional time to implement, are new 

requirements imposed by 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 two requirements 

specified in WCNOC letter dated 

December 15, 2009, the licensee is 

required to be in full compliance by 

December 31, 2010. 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 10 CFR 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 5631; 

February 3, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 26th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4675 Filed 3–4–10; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12053 and #12054] 

Iowa Disaster #IA–00022 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of IOWA (FEMA—1877—DR), 

dated 02/25/2010. 

Incident: Severe Winter Storm and 

Snowstorm. 

Incident Period: 12/23/2009 through 

12/27/2009. 

DATES: Effective Date: 02/25/2010. 

Physical Loan Application Deadline 

Date: 04/26/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 11/25/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

02/25/2010, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: 

Adair, Audubon, Calhoun, Carroll, 

Cass, Cherokee, Clay, Crawford, 

Emmet, Franklin, Fremont, Guthrie, 

Harrison, Ida, Monona, Page, 

Pottawattamie, Sac, Shelby, Sioux, 

Woodbury. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Non-Profit Organizations With 

Credit Available Elsewhere 3.625 

Non-Profit Organizations 

Without Credit Available 

Elsewhere .......................... 3.000 

For Economic Injury: 

Non-Profit Organizations 

Without Credit Available 

Elsewhere .......................... 3.000 

The number assigned to this disaster 

for physical damage is 12053B and for 

economic injury is 12054B. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Associate Administrator, for Disaster 

Assistance. 

[FR Doc. 2010–4668 Filed 3–4–10; 8:45 am] 

BILLING CODE 8025–01–P 


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