Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50845 

amendment process is the correct 

process for the staff to use in reviewing 

the proposed change. As discussed 

previously, an emergency plan change 

that would reduce the effectiveness of 

the plan would expand the licensee’s 

operating authority under its license. A 

change expanding the licensee’s 

authority is, according to the courts, a 

license amendment and must be 

accomplished through a license 

amendment process. For research and 

test reactors, NUREG–0849, ‘‘Standard 

Review Plan for the Review and 

Evaluation of Emergency Plans for 

Research and Test Reactors,’’ issued 

October 1983, provides guidance on 

EALs and how changes should be made 

on a case-by-case basis with 

consideration of the provisions of 

§ 50.54(q). 

3. Inspection Activities 

For power reactors, the NRC 

inspectors use Inspection Procedure (IP) 

71114.04 to conduct a review of the 

effectiveness of the licensee’s 

implementation of the 10 CFR 50.54(q) 

change process. For research and test 

reactors, the NRC inspectors use IP 

69011, ‘‘Class I Research and Test 

Reactor Emergency Preparedness,’’ and 

IP 69001, ‘‘Class II Research and Test 

Reactors.’’ The inspector will perform a 

screening review of the change relative 

to the emergency plan; however, this 

will not constitute NRC approval of the 

plan as changed. 

The documentation of the change 

reviewed by the inspectors will be the 

report provided by the licensee as stated 

in § 50.54(q). Although not required, the 

inclusion of the applicable licensee 

evaluation and justification for the 

change as part of this report would 

assist the staff in the review. 

4. Lower Tier Documents 

If a licensee has incorporated a lower 

tier document into the emergency plan 

or the emergency plan explicitly 

references a lower tier document as a 

method to implement a specific 

requirement in the emergency plan, 

then, it is considered part of the plan 

and subject to § 50.54(q) review. 

Historically, some licensees have 

developed emergency plan 

implementing procedures that included 

the necessary information needed for 

activities that are required to meet the 

regulations, for example, procedures for 

notifications, dose assessment, 

protective action recommendations, 

emergency classifications and 

emergency action levels. The staff is not 

making the use of § 50.54(q) to review 

all changes to lower tier documents a 

requirement, but acknowledges that 

using § 50.54(q) as the regulation to 

provide revision control of these lower 

tier documents has been in place and 

supported by the NRC through the 

inspection and licensing process. 

Backfit Discussion 

This RIS revision does not require any 

action or written response. This RIS 

revision provides non-regulatory review 

guidance for licensees and clarifies 

existing regulatory requirements 

licensees must follow when proposing 

changes to their emergency plans. The 

NRC’s Backfit Rule, 10 CFR 50.109, 

applies to, among other things, the 

procedures necessary to operate a 

nuclear power plant. To the extent that 

using a license amendment process for 

making modifications to emergency 

plans that reduce the effectiveness of 

the plans is considered a change, it 

would be a change to the NRC’s 

regulatory process for addressing 

modifications to the emergency plan. 

The NRC’s regulatory review process is 

not a licensee procedure required for 

operating a plant that would be subject 

to backfit limitations. 

Further, the Backfit Rule protects 

licensees from Commission actions that 

arbitrarily change license terms and 

conditions. In 10 CFR 50.54(q), a 

licensee requests Commission authority 

to do what is not currently permitted 

under its license. The licensee has no 

valid expectations protected by the 

Backfit Rule regarding the means for 

obtaining the new authority that is not 

permitted under the current license. For 

these reasons, this RIS revision does not 

constitute a backfit under 10 CFR 

50.109, and the staff did not perform a 

backfit analysis. 

Federal Register Notification 

To be done after the public comments 

periods. 

Paperwork Reduction Act Statement 

This RIS revision does not contain 

information collections and, therefore, 

is not subject to the requirements of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid Office of 

Management and Budget control 

number. 

Contact 

Please direct any questions about this 

matter to Don A. Johnson at (301) 415– 

4040, or by e-mail: 

don.johnson@nrc.gov. 

End of Draft Regulatory Issue Summary 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room at One White Flint 

North, 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/NRC/ADAMS/ 

index.html. If you do not have access to 

ADAMS or if you have problems in 

accessing the documents in ADAMS, 

contact the NRC Public Document Room 

(PDR) reference staff at 1–800–397–4209 

or 301–415–4737 or by e-mail to 

pdr@nrc.gov. 

Dated at Rockville, Maryland, this 24th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Martin C. Murphy, 

Chief, Generic Communications Branch, 

Division of Policy and Rulemaking, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–23683 Filed 9–30–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Notice of Federal Long Term Care 

Insurance Program Special Decision 

Period for Current Enrollees 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Notice of Federal Long Term 

Care Insurance Program special decision 

period for current enrollees. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is announcing rules 

for current enrollees in the Federal Long 

Term Care Insurance Program (FLTCIP) 

who will be eligible to change coverage 

during a limited Special Decision Period 

to be held this year. These rules pertain 

only to current eligible enrollees who 

may make changes because of new plan 

features and premium rate increases for 

some enrollees. Eligible enrollees in the 

standard plan as of October 1, 2009, and 

those individuals whose application for 

the standard plan was received on or 

before September 30, 2009, and whose 

enrollment was approved may make 

changes during the Special Decision 

Period, provided they are not in benefit 

eligible status. 

DATES: The Special Decision Period will 

be from October 1 through December 14, 

2009. 


PWALKER on DSK8KYBLC1PROD with NOTICES
50846 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Enrollees may call 1–800–LTC–FEDS 

(1–800–582–3337) (TTY: 1–800–843– 

3557) or visit http://www.ltcfeds.com. 

For purposes of this Federal Register 

notice only, the contact at OPM is John 

Cutler, Senior Policy Analyst, Strategic 

Human Resources Policy Division, at 

john.cutler@opm.gov or (202) 606–0735. 

SUPPLEMENTARY INFORMATION: The LongTerm Care Security Act (Pub. L. 106– 

265) directs OPM to provide periodic 

opportunities for eligible persons to 

apply for coverage in the FLTCIP. OPM 

has issued regulations (5 CFR 875.402– 

875.404) which set forth procedures for 

FLTCIP open seasons. This notice is 

issued under the provisions of 

§ 875.402(b). The Special Decision 

Period described in this Notice is solely 

for current enrollees to make coverage 

changes. Eligible enrollees will be 

notified directly about the Special 

Decision Period by Long Term Care 

Partners, the program administrator. 

Enrollees who have plan options 

subject to a rate increase beginning in 

January 2010 will be offered a specified 

‘‘landing spot’’ to allow them to reduce 

their coverage in order to keep their 

premium approximately the same 

amount as it is today. Eligible enrollees 

will also be given an opportunity to 

change to the new FLTCIP plan design 

which offers some features different 

than those currently available. Enrollees 

who make coverage changes outside of 

this Special Decision Period may be 

subject to full underwriting, as specified 

in § 875.403, and different premium 

calculation rules. 

Qualified enrollees under these 

special rules: Persons enrolled in the 

FLTCIP standard plan as of October 1, 

2009, and those individuals whose 

application for the standard plan was 

received on or before September 30, 

2009, and whose enrollment was 

approved are eligible to make changes 

during the Special Decision Period, 

provided they are not in benefit eligible 

status. 

Underwriting requirements: Eligible 

enrollees who wish to reduce their 

coverage or keep their current coverage 

(subject to any applicable rate increases) 

will be able to do so without 

underwriting. They may also change to 

the specified ‘‘landing spot’’ without 

underwriting. No enrollee’s coverage 

will change unless he or she voluntarily 

chooses to change it. Other coverage 

changes may require underwriting. 

If underwriting is required, eligible 

enrollees who are active workforce 

members or spouses of active workforce 

members will be subject to the 

abbreviated underwriting standards in 

effect for the FLTCIP as of October 1, 

2009. In accordance with 

§ 875.404(b)(2), active workforce 

members who seek to make changes that 

require underwriting must be actively at 

work in order for coverage changes to 

become effective. For decision period 

changes with a January 1, 2010, effective 

date, actively at work requirements are 

modified. For a coverage change to 

become effective January 1, 2010, the 

active workforce member must be 

actively at work one day during the 

month of December 2009. If 

underwriting is required for any other 

eligible enrollees, they will be subject to 

the full underwriting standards in effect 

for the FLTCIP as of October 1, 2009. 

Billing age: For enrollees who retain 

their current benefits, premiums are 

based on the enrollee’s age at purchase. 

For enrollees who choose to change 

their benefits, premiums will be 

determined on a blended rate basis, 

taking into account the enrollee’s age at 

purchase and the enrollee’s attained age 

as of January 1, 2010. 

Premiums: Certain current enrollees 

in the FLTCIP will experience a 

premium increase, effective January 1, 

2010. The premium increase affects 

current enrollees who applied to the 

FLTCIP on or before September 30, 

2009, who have the Automatic 

Compound Inflation Option (ACIO) and 

whose age at purchase was under 70. 

Enrollees affected by the premium 

increase will receive detailed written 

information about the specific amount 

of the increase from Long Term Care 

Partners. Long Term Care Partners will 

also provide information on how 

enrollees may reduce their benefits in 

order to avoid the premium increase 

and keep their new premium 

approximately the same as their current 

premium. All eligible enrollees will also 

be given an opportunity to change to the 

new FLTCIP plan design. Premiums for 

coverage changes will vary according to 

the enrollee’s age and the coverage 

options selected. 

Effective date: The effective date of 

coverage changes that do not require 

underwriting will be January 1, 2010, 

regardless of when the Special Decision 

Period request is received. Coverage 

changes requiring underwriting will be 

effective January 1, 2010, or the first day 

of the month following approval of the 

request, whichever is later. 

Enrollees who make coverage changes 

under these provisions will receive a 

revised Benefit Booklet and Schedule of 

Benefits. Enrollees will have 30 days 

after the date these items are mailed to 

cancel their Special Decision Period 

coverage changes and revert to their 

original coverage or to make another 

Special Decision Period choice. 

Enrollees will receive a refund of any 

difference in premiums paid for a 

coverage change that is cancelled within 

those 30 days. If enrollees cancel the 

coverage change after 30 days, they will 

not receive a refund of any difference in 

premiums paid for the changed 

coverage, unless those premiums are for 

a period after the effective date of the 

cancellation. 

OPM expects to hold a FLTCIP Open 

Season for all individuals eligible to 

apply in late 2010. We will issue a 

separate Notice in the Federal Register 

describing the procedures for that Open 

Season at a later time. 

Authority: 5 U.S.C. 9008; 5 CFR 875.402. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. E9–23727 Filed 9–30–09; 8:45 am] 

BILLING CODE 6325–39–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–28930] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

September 25, 2009. 

The following is a notice of 

applications for deregistration under 

section 8(f) of the Investment Company 

Act of 1940 for the month of September, 

2009. 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 

October 20, 2009, 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. 


PWALKER on DSK8KYBLC1PROD with NOTICES