40628 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 

subject to, among other things, the copyright 

owners’ rights under 17 U.S.C. 106 and the 

remedies in 17 U.S.C. 501–506, and all 

limitations, exceptions and defenses 

available with respect thereto. 

Article 7—Miscellaneous 

7.1 Applicable Law. These Rates and 

Terms shall be governed by, and construed 

in accordance with, the laws of the District 

of Columbia (without giving effect to 

conflicts of law principles thereof). All 

actions or proceedings arising under these 

Rates and Terms shall be litigated only in the 

United States District Court for the District of 

Columbia located in Washington, DC, or if it 

does not have subject matter jurisdiction, in 

other courts located in Washington, DC. 

SoundExchange and Noncommercial 

Webcasters consent to the jurisdiction and 

venue of the foregoing courts and consent 

that any process or notice of motion or other 

application to said courts or a judge thereof 

may be served inside or outside the District 

of Columbia by registered mail, return receipt 

requested, directed to the person for which 

it is intended at its last known address (and 

service so made shall be deemed complete 

five (5) days after the same has been posted 

as aforesaid) or by personal service or in such 

other manner as may be permissible under 

the rules of that court. 

7.2 Rights Cumulative. The remedies 

provided in these Rates and Terms and 

available under applicable law shall be 

cumulative and shall not preclude assertion 

by any party of any other rights or the 

seeking of any other remedies against another 

party hereto. These Rates and Terms shall not 

constitute a waiver of any violation of 

Section 112(e) or 114 or their implementing 

regulations (except to the extent such 

implementing regulations are inconsistent 

with these Rates and Terms). No failure to 

exercise and no delay in exercising any right, 

power or privilege shall operate as a waiver 

of such right, power or privilege. Neither 

these Rates and Terms nor any such failure 

or delay shall give rise to any defense in the 

nature of laches or estoppel. No single or 

partial exercise of any right, power or 

privilege granted under these Rates and 

Terms or available under applicable law shall 

preclude any other or further exercise thereof 

or the exercise of any other right, power or 

privilege. No waiver by any party of full 

performance by another party in any one or 

more instances shall be a waiver of the right 

to require full and complete performance of 

these Rates and Terms and of obligations 

under applicable law thereafter. 

7.3 Entire Agreement. These Rates and 

Terms represent the entire and complete 

agreement between SoundExchange and a 

Noncommercial Webcaster with respect to 

their subject matter and supersede all prior 

and contemporaneous agreements and 

undertakings of SoundExchange and a 

Noncommercial Webcaster with respect to 

the subject matter hereof. 

[FR Doc. E9–19299 Filed 8–11–09; 8:45 am] 

BILLING CODE 1410–30–P 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Comment Request 

AGENCY: National Science Foundation. 

ACTION: Submission for OMB Review; 

Comment Request. 

SUMMARY: The National Science 

Foundation (NSF) has submitted the 

following information collection 

requirement to OMB for review and 

clearance under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. This is the second notice for public 

comment; the first was published in the 

Federal Register at 74 FR 12153, and no 

substantial comments were received. 

NSF is forwarding the proposed renewal 

submission to the Office of Management 

and Budget (OMB) for clearance 

simultaneously with the publication of 

this second notice. The full submission 

may be found at: http:// 

www.reginfo.gov/public/do/PRAMain. 

Comments regarding (a) whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; (c) ways to enhance 

the quality, utility and clarity of the 

information to be collected; or (d) ways 

to minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology should be 

addressed to: Office of Information and 

Regulatory Affairs of OMB, Attention: 

Desk Officer for National Science 

Foundation, 725 17th Street, NW., Room 

10235, Washington, DC 20503, and to 

Suzanne Plimpton, Reports Clearance 

Officer, National Science Foundation, 

4201 Wilson Boulevard, Suite 295, 

Arlington, Virginia 22230 or send e-mail 

to splimpto@nsf.gov. Comments 

regarding these information collections 

are best assured of having their full 

effect if received within 30 days of this 

notification. Copies of the submission(s) 

may be obtained by calling 703–292– 

7556. 

FOR FURTHER INFORMATION CONTACT: 

Written comments regarding the 

information collection and requests for 

copies of the proposed information 

collection request should be addressed 

to Suzanne Plimpton, Reports Clearance 

Officer, National Science Foundation, 

4201 Wilson Blvd., Rm. 295, Arlington, 

VA, 22230, or by e-mail to 

splimpto@nsf.gov. 

NSF may not conduct or sponsor a 

collection of information unless the 

collection of information displays a 

currently valid OMB control number 

and the agency informs potential 

persons who are to respond to the 

collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

SUPPLEMENTARY INFORMATION: Title of 

Collection: Research in Disabilities 

Education Program On-Line Project Data 

Management System. 

OMB Control No.: 3145–0164. 

Abstract 

The National Science Foundation 

(NSF) requests a reinstatement of the 

information collection for the Program 

for Persons with Disabilities, now called 

the Research in Disabilities Education 

(RDE) program. This on-line, annual 

data collection will describe and track 

the impact of RDE program funding on 

Nation’s science, technology, 

engineering and mathematics (STEM) 

education and STEM workforce. 

NSF funds grants, contracts, and 

cooperative agreements to colleges, 

universities, and other eligible 

institutions, and provides graduate 

research fellowships to individuals in 

all parts of the United States and 

internationally. The Directorate for 

Education and Human Resources (EHR), 

a unit within NSF, promotes rigor and 

vitality within the Nation’s STEM 

education enterprise to further the 

development of the 21st century’s STEM 

workforce and public scientific literacy. 

EHR does this through diverse projects 

and programs that support research, 

extension, outreach, and hands-on 

activities serving STEM learning and 

research at all institutional (e.g. preschool through postdoctoral) levels in 

formal and informal settings; and 

individuals of all ages (birth and 

beyond). The RDE program focuses 

specifically on broadening the 

participation and achievement of people 

with disabilities in all fields of STEM 

education and associated professional 

careers. The RDE program has been 

funding this objective since 1994 under 

the prior name Program for Persons with 

Disabilities. Particular emphasis is 

placed on contributing to the knowledge 

base by addressing disability related 

differences in secondary and postsecondary STEM learning and in the 

educational, social and pre-professional 

experiences that influence student 

interest, academic performance, 

retention in STEM degree programs, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 40629 

STEM degree completion, and career 

choices. Research and demonstration 

projects also investigate effective 

practices for transitioning students with 

disabilities across critical academic 

junctures, retaining students in 

undergraduate and graduate STEM 

degree programs, and graduating 

students with STEM associate, 

baccalaureate and graduate degrees. 

Research, demonstration, and 

enrichment project results inform the 

delivery of innovative, transformative 

and successful practices employed by 

the Alliances for Students with 

Disabilities in STEM to increase the 

number of students with disabilities 

completing associate, undergraduate 

and graduate degrees in STEM and to 

increase the number of students with 

disabilities entering our nation’s science 

and engineering workforce. RDE 

projects contribute to closing the gaps 

occurring for people with disabilities in 

STEM fields by successfully 

disseminating findings, project 

evaluation results, and proven good 

practices and products to the public. 

The original information collection, 

approved by OMB in 1996, surveyed 

three groups of students: students with 

disabilities in STEM fields, student with 

disabilities in other fields, and students 

without disabilities in STEM fields. 

These data allowed NSFD to understand 

more fully the population of students 

with disabilities in STEM fields and the 

issues they faced. The collection that 

will be submitted for reinstatement 

focuses more specifically on the 

outcomes of the RDE program, and how 

alliances and researchers receiving NSF 

RDE funding have improved the 

academic environment for students with 

disabilities. This information collection 

will consist of an on-line data 

instrument that RDE awardees will use 

to submit annual data on their project 

activities and participants, as well as 

future evaluation activities. 

Use of the Information 

This information is required for 

effective administration, 

communication, program and project 

monitoring and evaluation, and for 

measuring attainment of NSF’s program, 

project and strategic goals, as required 

by the President’s Management agenda 

as represented by the Office of 

Management and Budget’s (OMB) 

Program Assessment Rating Tool 

(PART) and the NSF’s Strategic Plan. 

The Foundation’s FY 2006–2011 

Strategic Plan describes four strategic 

outcome goals of Discovery, Learning, 

Research Infrastructure, and 

Stewardship. NSF’s complete strategic 

plan may be found at: http:// 

www.nsf.gov/publications/ 

pubsumm.jsp?ods_key=nsf0648. 

Data collected will be used for 

accountability purposes, including 

responding from queries from 

Committees of Visitors and other 

scientific experts, and for separate 

research and evaluation studies. 

Estimate of Burden 

Respondents: Principal Investigators 

and/or project staff receiving NSF RDE 

awards. 

Number of Respondents: 45. 

Estimated Total Annual Burden on 

Respondents: 1220 hours. 

Frequency of Responses: Data will be 

collected from awardees annually, and 

on an as-needed basis for future 

evaluation work. 

Dated: August 7, 2009. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. E9–19343 Filed 8–11–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0074; Docket No. 50–414] 

Duke Energy Carolinas, LLC; Notice of 

Withdrawal of Application for 

Amendment to Facility Operating 

License 

The U.S. Nuclear Regulatory 

Commission (the Commission) has 

granted the request of Duke Energy 

Carolinas, LLC (the licensee) to 

withdraw its November 20, 2008, 

application, as supplemented by letter 

dated February 26, 2009, for proposed 

amendment to Facility Operating 

License No. 50–414 for Catawba Nuclear 

Station, Unit 2 (Catawba 2), located in 

York County, South Carolina. 

The proposed amendment would 

have updated the leak-before-break 

evaluation for Catawba 2 and made 

associated updates to the Updated Final 

Safety Analysis Report for this unit. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on February 24, 

2009 (74 FR 8273). However, by letter 

dated March 31, 2009, the licensee 

withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated November 20, 2008, 

the supplement to the amendment dated 

February 26, 2009, and the licensee’s 

letter dated March 31, 2009, which 

withdrew the application for license 

amendment. Documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209, or 301–415–4737 or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 5th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Jon H. Thompson, 

Project Manager, Plant Licensing Branch 2– 

1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–19296 Filed 8–11–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0351] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–1236, ‘‘Initial Startup Test Program 

to Demonstrate Remote Shutdown 

Capability for Water-Cooled Nuclear 

Power Plants.’’ 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Ortega-Luciano, U. S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: (301) 415– 

1159 or e-mail Jonathan.OrtegaLuciano@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 


jlentini on DSKJ8SOYB1PROD with NOTICES