47974 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 

such fiduciary directly or indirectly 

controls, is controlled by, or is under 

common control with Old GM, New 

GM, the UAW, the Committee or their 

affiliates, (2) such fiduciary directly or 

indirectly receives any compensation or 

other consideration from Old GM, New 

GM, the UAW or any Committee 

member in his or her individual 

capacity in connection with any 

transaction contemplated in this 

exemption (except that an independent 

fiduciary may receive compensation 

from the Committee or the New GM 

VEBA Plan for services provided to the 

New GM VEBA Plan in connection with 

the transactions discussed herein if the 

amount or payment of such 

compensation is not contingent upon or 

in any way affected by the independent 

fiduciary’s ultimate decision), and (3) 

the annual gross revenue received by 

the fiduciary, in any fiscal year, from 

Old GM, New GM, the UAW or a 

member of the Committee in his or her 

individual capacity, exceeds 3% of the 

fiduciary’s annual gross revenue from 

all sources (for federal income tax 

purposes) for its prior tax year. 

(g) The term ‘‘Modified Settlement 

Agreement’’ means The UAW Retiree 

Settlement Agreement between New GM 

and the UAW dated July 10, 2009. 

(h) The term ‘‘New GM’’ means the 

company that acquired certain assets 

and liabilities of Old GM pursuant to 

the Section 363 Sale. 

(i) The term ‘‘Note’’ means the note 

issued by New GM with a principal 

amount of $2.5 billion. 

(j) The term ‘‘New GM Plan’’ means 

the retiree medical benefits plan 

maintained by New GM that provides 

benefits to most of the same individuals 

as are covered by the Old GM Plan, from 

the date of the Section 363 Sale until the 

Implementation Date of the New GM 

VEBA Plan. 

(k) The term ‘‘Old GM’’ means the 

company that remains in bankruptcy 

protection after the Section 363 Sale. 

(l) The term ‘‘Old GM Plan’’ means 

the retiree medical benefits plan 

maintained by Old GM that provided 

benefits to, among others, those who 

will be covered by the New GM VEBA 

Plan. 

(m) The term ‘‘Preferred Stock’’ means 

shares of Series A Fixed Rate 

Cumulative Perpetual Preferred Stock, 

par value $0.01 per share, issued by 

New GM. 

(n) The term ‘‘Section 363 Sale’’ 

means a sale under section 363 of Title 

11 of the U.S. Code, by which on July 

10, 2009, New GM succeeded to certain 

assets and liabilities of Old GM. 

(o) The term ‘‘Securities’’ means (i) 

the New GM Common Stock; (ii) the 

Preferred Stock; (iii) the Note; (iv) the 

Warrants; and (v) additional shares of 

New GM Common Stock acquired 

pursuant to exercise of the Warrants. 

(p) The term ‘‘UAW’’ means the 

International Union, United 

Automobile, Aerospace and Agricultural 

Implement Workers of America. 

(q) The term ‘‘Warrants’’ means 

warrants to acquire shares of New GM 

Common Stock, par value $0.01 per 

share, issued by New GM. 

(r) The term ‘‘Verification Time 

Period’’ means: (i) With respect to all 

Securities other than the Note, the 

period beginning on the date of 

publication of the final exemption in the 

Federal Register and ending 60 calendar 

days thereafter; (ii) with respect to each 

payment pursuant to the Note, the 

period beginning on the date of the 

payment and ending 90 calendar days 

thereafter; (iii) with respect to the UAWRelated Account of the Internal VEBA, 

the period beginning on the date of 

publication of the final exemption in the 

Federal Register (or, if later, the date of 

the transfer of the UAW-Related 

Account to the New GM VEBA Plan) 

and ending 180 calendar days thereafter; 

and (iv) with respect to the Mitigation 

VEBA, the period beginning on the date 

of publication of the final exemption in 

the Federal Register and ending 60 

calendar days thereafter. 

(s) The term ‘‘VEBA’’ means the UAW 

General Motors Company Retiree 

Medical Benefits Plan (the New GM 

VEBA Plan) and its associated UAW 

Retiree Medical Benefits Trust (the 

VEBA Trust). 

(t) The term ‘‘Registration Rights 

Agreement’’ means the Equity 

Registration Rights Agreement by and 

among New GM, the U.S. Treasury, 

Canada, the VEBA Trust and Old GM, 

entered into on July 10, 2009. 

Signed at Washington, DC, this 15th day of 

September 2009. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E9–22485 Filed 9–17–09; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL SCIENCE FOUNDATION 

National Science Board; Sunshine Act 

Meetings; Notice 

The National Science Board, pursuant 

to NSF regulations (45 CFR Part 614), 

the National Science Foundation Act, as 

amended (42 U.S.C. 1862n–5), and the 

Government in the Sunshine Act (5 

U.S.C. 552b), hereby gives notice in 

regard to the scheduling of meetings for 

the transaction of National Science 

Board business and other matters 

specified, as follows: 

AGENCY HOLDING MEETING: National 

Science Board. 

DATE AND TIME: Thursday, September 24, 

2009, at 8 a.m. 

PLACE: Columbus, Ohio, The Ohio State 

University, Nationwide and Ohio Farm 

Bureau 4H Center, Bob Evans 

Auditorium. 

STATUS: Some portions open, some 

portions closed. 

Open Sessions 

September 24, 2009 

8 a.m.–8:20 a.m. 

8:20 a.m.–8:35 a.m. 

8:35 a.m.–9:20 a.m. 

Closed Sessions 

September 24, 2009 

9:35 a.m.–10:50 a.m. 

10:50 a.m.–11:05 a.m. 

11:05 a.m.–11:15 a.m. 

11:15 a.m.–11:30 a.m. 

AGENCY CONTACT: Dr. Robert E. Webber, 

rwebber@nsf.gov, (703) 292–7000, 

http://www.nsf.gov/nsb/. 

Matters To Be Discussed 

Thursday, September 24, 2009 

Open Session: 8 a.m.–8:20 a.m., Bob 

Evans Auditorium 

• National Science Board Chairman’s 

Introduction 

• The Ohio State University 

President’s Welcome 

Executive Committee 

Open Session: 8:20 a.m.–8:35 a.m., Bob 

Evans Auditorium 

• Executive Committee Chairman’s 

Remarks 

• Approval of Minutes for the May 

2009 Meeting 

• Discussion of Board Priorities for 

FY 2010 

• Updates or New Business from 

Committee Members 

Plenary Open 

Open Session: 8:35 a.m.–9:20 a.m., Bob 

Evans Auditorium 

• Approval of Plenary Open Minutes, 

August 2009 

• Resolutions to Close Portions of 

December 2009 Meeting 

• Chairman’s Report 

• Director’s Report 

• Open Committee Reports 

• Board Member Proposal Review 

Process 

Committee on Programs and Plans (CPP) 

Closed Session: 9:35 a.m.–10:50 a.m., 

Bob Evans Auditorium 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47975 

• Committee Chairman’s Remarks 

• Management and Operation of the 

National Astronomy and 

Ionosphere Center 

• Design for the Deep Underground 

Science and Engineering Laboratory 

Committee on Strategy and Budget 

(CSB) 

Closed Session: 10:50 a.m.–11:05 a.m., 

Bob Evans Auditorium 

• Approval of CSB Minutes, August 

9, 2009 

• Committee Chairman’s Remarks 

• NSF Budget Update: FY 2011 

Budget Request to OMB 

• Other Committee Business 

Plenary Executive Closed 

Closed Session: 11:05 a.m.–11:15 a.m., 

Bob Evans Auditorium 

• Approval of Plenary Executive 

Closed Minutes, August 2009 

• Board Member Proposal 

Plenary Closed 

Closed Session: 11:15 a.m.–11:30 a.m., 

Bob Evans Auditorium 

• Approval of Plenary Closed 

Minutes, August 2009 

• Awards and Agreements 

• Closed Committee Reports 

Ann Ferrante, 

Technical Writer/Editor. 

[FR Doc. E9–22643 Filed 9–16–09; 4:15 pm] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0411; Docket No. 030–10814] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–02608–03 for the 

Unrestricted Release of the Johnson & 

Johnson Pharmaceutical Research and 

Development, LLC’s Facility in Raritan, 

NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Lawyer, Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania; telephone 610–337–5366; 

fax number 610–337–5269 or by e-mail: 

dennis.lawyer@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Byproduct Materials License No. 29– 

02608–03. This license is held by 

Johnson & Johnson Pharmaceutical 

Research and Development, LLC (the 

Licensee), for its Ortho Clinical 

Diagnostics Facility (the Facility), 

located at 1001 U.S. Route #202 North 

in Raritan, New Jersey. Issuance of the 

amendment would authorize release of 

the Facility for unrestricted use. The 

Licensee requested this action in a letter 

dated March 27, 2009. The NRC has 

prepared an Environmental Assessment 

(EA) in support of this proposed action 

in accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR), Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The amendment 

will be issued to the Licensee following 

the publication of this FONSI and EA in 

the Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s March 27, 2009, license 

amendment request, resulting in release 

of the Facility for unrestricted use. 

License No. 29–02608–03 was issued on 

April 8, 1975, pursuant to 10 CFR Part 

30, and has been amended periodically 

since that time. This license authorized 

the Licensee to use unsealed byproduct 

material for purposes of conducting 

research and development activities on 

laboratory bench tops and in hoods. 

The Facility is situated in a 572,000 

square foot building on 66 acres of 

property and consists of office space, 

laboratories, manufacturing, and 

shipping areas. The Facility is located in 

a commercial area with some residential 

use nearby. Within the Facility, use of 

licensed materials by the licensee was 

confined to 1,528 square feet of 

laboratory space. 

In February 2007, the Licensee ceased 

licensed activities and initiated a survey 

and decontamination of the Facility. 

Based on the Licensee’s historical 

knowledge of the site and the conditions 

of the Facility, the Licensee determined 

that only routine decontamination 

activities, in accordance with their NRCapproved, operating radiation safety 

procedures, were required. The Licensee 

was not required to submit a 

decommissioning plan to the NRC 

because worker cleanup activities and 

procedures are consistent with those 

approved for routine operations. The 

Licensee conducted surveys of the 

Facility and provided information to the 

NRC to demonstrate that it meets the 

criteria in Subpart E of 10 CFR Part 20 

for unrestricted release. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the Facility and 

seeks the unrestricted use of its Facility. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the Facility 

shows that such activities involved use 

of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the 

final status survey, the Licensee 

conducted decontamination activities, 

as necessary, in the areas of the Facility 

affected by these radionuclides. 

The Licensee conducted a final status 

survey on May 14, 2009. This survey 

covered the 1,528 square feet of 

laboratory space. The final status survey 

report was attached to the Licensee’s 

additional information letter dated 

May 29, 2009. The Licensee elected to 

demonstrate compliance with the 

radiological criteria for unrestricted 

release as specified in 10 CFR 20.1402 

by using the screening approach 

described in NUREG–1757, 

‘‘Consolidated NMSS Decommissioning 

Guidance,’’ Volume 2. The Licensee 

used the radionuclide-specific derived 

concentration guideline levels (DCGLs), 

developed there by the NRC, which 

comply with the dose criterion in 10 

CFR 20.1402. These DCGLs define the 

maximum amount of residual 

radioactivity on building surfaces, 

equipment, and materials that will 

satisfy the NRC requirements in Subpart 

E of 10 CFR Part 20 for unrestricted 

release. The Licensee’s final status 

survey results were below these DCGLs 

and are in compliance with the As Low 

As Reasonably Achievable (ALARA) 

requirement of 10 CFR 20.1402. The 

NRC thus finds that the Licensee’s final 

status survey results are acceptable. 

Based on its review, the staff has 

determined that the affected 

environment and any environmental 

impacts associated with the proposed 

action are bounded by the impacts 

evaluated by the ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG– 

1496) Volumes 1–3 (ML042310492, 

ML042320379, and ML042330385). The 

staff finds there were no significant 

environmental impacts from the use of 

radioactive material at the Facility. The 


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