52510 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

5532, TTY–TDD 202/682–5429, at least 

seven (7) days prior to the meeting. 

Further information with reference to 

this meeting can be obtained from the 

Office of Communications, National 

Endowment for the Arts, Washington, 

DC 20506, at 202/682–5570. 

Dated: October 7, 2009. 

Kathy Plowitz-Worden, 

Panel Coordinator, Office of Guidelines and 

Panel Operations. 

[FR Doc. E9–24521 Filed 10–9–09; 8:45 am] 

BILLING CODE 7537–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2009–0233] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

June 30, 2009. 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: NRC Form 790, Classification 

Record. 

3. Current OMB approval number: 

3150–0052. 

4. The form number if applicable: 

NRC Form 790. 

5. How often the collection is 

required: On occasion. 

6. Who will be required or asked to 

report: NRC licensees, contractors, and 

certificate holders who classify and 

declassify NRC information. 

7. An estimate of the number of 

annual responses: 450. 

8. The estimated number of annual 

respondents: 208. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 30. 

10. Abstract: Completion of the NRC 

Form 790 is a mandatory requirement 

for NRC licensees, contractors, and only 

certificate holder who classifies and 

declassifies NRC information in 

accordance with Executive Order 12958 

as amended, ‘‘Classified National 

Security Information,’’ the Atomic 

Energy Act, and implementing 

directives. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by November 12, 2009. 

Comments received after this date will 

be considered if it is practical to do so, 

but assurance of consideration cannot 

be given to comments received after this 

date. 

NRC Desk Officer, Office of Information 

and Regulatory Affairs (3150–0052), 

NEOB–10202, Office of Management 

and Budget, Washington, DC 20503. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 2nd day 

of October 2009. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E9–24589 Filed 10–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0434; Docket No. 40–1162] 

Notice of Application From Western 

Nuclear Inc., for Consent to Indirect 

Change of Control With Respect to 

Materials License SUA–56, Opportunity 

To Provide Comments and To Request 

a Hearing 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of consideration of a 

request from Western Nuclear Inc., for 

consent to indirect transfer of control 

over materials license SUA–56 and the 

opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by November 2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Chang, Project Manager, Special 

Projects Branch, Division of Waste 

Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555. Telephone: (301) 415–7188; 

fax number: (301) 415–5369; e-mail: 

richard.chang@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering an 

application from Western Nuclear Inc., 

(WNI or licensee), submitted on July 22, 

2009, requesting approval of an indirect 

change of control with respect to its 10 

CFR part 40 source materials license 

SUA–56. WNI’s parent company, Phelps 

Dodge Corporation (PDC) (currently 

named Freeport-McMoRan 

Corporation), was previously acquired 

in a reverse triangular merger by 

Freeport-McMoRan Copper & Gold, Inc. 

(Freeport). 

On March 19, 2007, Freeport acquired 

the entire interest in PDC, and Freeport 

now owns one hundred percent (100%) 

of PDC. This transaction resulted in the 

indirect transfer of control of WNI and 

license SUA–56 from PDC to Freeport. 

WNI is requesting that the NRC consent 

to this indirect change of control. 

WNI’s application states that, as a 

result of the 2007 transaction, there has 

been no change to the licensee’s 

operations, and that its key operating 

personnel and licensed activities have 

remained the same. WNI has, and will 

continue to be, the holder of license 

SUA–56 after the approval of the 

indirect change of control. WNI will 

remain technically and financially 

qualified as the licensee and will 

continue to fulfill all responsibilities as 

the licensee. 

Pursuant to 10 CFR 40.46, no source 

material license shall be transferred, 

assigned, or in any manner disposed of, 

either voluntarily or involuntarily, 

directly or indirectly, through transfer of 

control of the license to any person, 

unless the Commission, after securing 

full information, finds that the transfer 

is in accordance with the provisions of 

the Atomic Energy Act, and gives its 

consent in writing. An Environmental 

Assessment (EA) will not be performed 

for this proposed action because it falls 

within a class of actions categorically 

excluded from the requirement to 

perform an EA pursuant to 10 CFR 

51.22(c)(21). 

The NRC staff plans to approve the 

July 22, 2009, application by issuing the 

necessary order, along with a supporting 

safety evaluation report. 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52511 

II. Opportunity to Request a Hearing 

Any person whose interest may be 

affected if the July 22, 2009, application 

is approved, and who desires to 

participate as a party in an NRC 

adjudicatory hearing, must file a request 

for a hearing. The hearing request must 

include a specification of the 

contentions which the person seeks to 

have litigated in the hearing, and must 

be filed in accordance with the NRC EFiling rule, which the NRC promulgated 

in August 2007, 72 FR 49139, (August 

28, 2007). The E-Filing rule requires 

participants to submit and serve 

documents over the Internet or, in some 

cases, to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (301) 415–1677, to request (1) A 

digital identification (ID) certificate, 

which allows the participant (or its 

counsel or representative) to digitally 

sign documents and access the ESubmittal server for any proceeding in 

which it is participating; and/or (2) 

creation of an electronic docket for the 

proceeding (even in instances in which 

the petitioner/requestor (or its counsel 

or representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Standard Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, in accordance with 10 CFR 

2.302(g), with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

First class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Standard Time on 

the due date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

social security numbers in their filings. 

Copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, should 

not be included in the submission. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

November 2, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requestor; 

2. The nature of the requestor’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requestor’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requestor’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 


erowe on DSK5CLS3C1PROD with NOTICES
52512 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requestor’s/petitioner’s 

position on the issue and on which the 

requestor/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application that the requestor/petitioner 

disputes and the supporting reasons for 

each dispute, or, if the requestor/ 

petitioner believes the application fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the requestor’s/ 

petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application, or other supporting 

document filed by an applicant or 

licensee, or otherwise available to the 

petitioner. Contentions may be amended 

or new contentions filed after the initial 

filing only with leave of the presiding 

officer. 

Requestors/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requestors/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requestor/petitioner that 

wishes to adopt a contention proposed 

by another requestor/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requestor/ 

petitioner. 

As indicated below, pursuant to 10 

CFR 2.310(g), any hearing would be 

subject to the procedures set forth in 10 

CFR part 2, subpart M. 

III. Opportunity To Provide Written 

Comments 

Within 30 days from the date of 

publication of this notice, persons may 

submit written comments regarding the 

license transfer application, as provided 

for in 10 CFR 2.1305. The Commission 

will consider and, if appropriate, 

respond to these comments, but such 

comments will not otherwise constitute 

part of the decisional record. Comments 

should be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and should cite the publication date and 

page number of this Federal Register 

notice. Comments received after 30 days 

will be considered if practicable to do 

so, but only those comments received 

on or before the due date can be assured 

consideration. 

IV. Further Information 

For further details with respect to the 

proposed action, see the NRC’s letter to 

the licensee dated June 22, 2009 (See 

ADAMS ML091550317), the licensee’s 

letter dated July 22, 2009 (See ADAMS 

ML092100253), a letter from NRC to the 

licensee dated August 13, 2009, 

accepting the Application for formal 

review (See ADAMS ML092100480), a 

transmittal letter dated March 27, 2009, 

and affidavit requesting that the 

financial information provided to NRC 

be withheld from the public pursuant to 

NRC regulation 10 CFR 2.390 (See 

ADAMS ML092260137). Additional 

background information is contained in 

letters dated March 12, 2007 (See 

ADAMS ML071080087), and September 

5, 2007 (See ADAMS ML072710031). 

The documents referenced above are 

available for public inspection, and can 

be copied for a fee, at the U.S. Nuclear 

Regulatory Commission’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852. 

The NRC maintains an Agency-wide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. These documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov. 

Persons who do not have access to 

ADAMS or who have problems in 

accessing the documents located in 

ADAMS may contact the PDR reference 

staff at 1–800–397–4209, 301–415–4737 

or by e-mail at pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 5th day 

of October 2009. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E9–24564 Filed 10–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0448] 

Notice of Availability of Draft Interim 

Staff Guidance 25, ‘‘Pressure and 

Helium Leakage Testing of the 

Confinement Boundary of Spent Fuel 

Storage Canisters,’’ and Opportunity 

To Provide Comments 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability and 

opportunity to provide comments. 

DATES: Comments must be provided by 

November 27, 2009. 

FOR FURTHER INFORMATION CONTACT: Ron 

Parkhill, Senior Mechanical Engineer, 

Thermal and Containment Branch, 

Division of Spent Fuel Storage and 

Transportation Division, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20005–0001. 

Telephone: (301) 492–3324; fax number: 

(301) 492–3342; e-mail: 

ron.parkhill@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is issuing Draft Interim Staff 

Guidance 25, ‘‘Pressure and Helium 

Leakage Testing of the Confinement 

Boundary of Spent Fuel Storage 

Canisters.’’ This draft interim staff 

guidance (ISG) clarifies the agency’s 

position on the shop helium leakage test 

and ASME (American Society of 

Mechanical Engineers) Code pressure 

testing requirements in order to provide 

reasonable assurance of the confinement 

of radioactive material for spent fuel 

storage canisters. 

The purpose of this notice is to 

provide the public with an opportunity 

to review and to solicit comments on 

this draft ISG. Comments received will 

be considered in the final version or 

subsequent revisions. 

II. Opportunity To Provide Comments 

Comments and questions on draft 

ISG–25, should be directed to Ron 

Parkhill, Thermal and Containment 

Branch, Division of Spent Fuel Storage 

and Transportation, Office of Nuclear 

Materials Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20005–0001 by 

November 27, 2009. Comments received 

after this date will be considered if it is 

practical to do so, but only those 

comments received on or before the due 

date can be assured consideration. 

Comments can also be submitted by 


erowe on DSK5CLS3C1PROD with NOTICES