Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6181 

Day Event/activity 

20 ................ U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know 

for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would 

be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, 

NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the 

finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a 

criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ................ If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer 

(or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline 

for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ................ Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ................ (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file 

motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement 

for SUNSI. 

190 .............. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file 

motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is 

not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access, the 

proposed recipient must be provided an opportunity to correct or explain information. 

205 .............. Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another 

designated officer. 

A .................. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to 

sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ........... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the 

protective order. 

A + 28 ......... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 

25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions 

(as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that 

later deadline. 

A + 53 ......... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 ......... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

B .................. Decision on contention admission. 

[FR Doc. E9–2455 Filed 2–4–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0043] 

Proposed Standard Review Plan 

Section 9.5.1.2 on Risk-Informed, 

Performance-Based Fire Protection 

Program 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Solicitation of public comment. 

SUMMARY: The NRC is requesting public 

comment on NUREG–0800, ‘‘Standard 

Review Plan for the Review of Safety 

Analysis Reports for Nuclear Power 

Plants,’’ Section 9.5.1.2 on staff 

guidance on Risk-Informed (RI), 

Performance-Based (PB) Fire Protection 

Program (FPP) for Operating Nuclear 

Power Plants (Agencywide Documents 

Access and Management System 

(ADAMS) Accession No. 

ML090050052). This guidance is being 

issued as an alternate to the existing 

guidance currently provided under 

Standard Review Plan (SRP) section 

9.5.1. This is stand alone guidance and 

is provided for the benefit of licensees 

of existing plants who choose to adopt 

RI/PB FPP that meets the requirements 

of National Fire Protection Association 

(NFPA) Standard 805. 

The NRC staff issues notices to 

facilitate timely implementation of the 

current staff guidance and to facilitate 

activities associated with the review of 

amendment applications for 

transitioning to RI/PB FPPs. The NRC 

staff will also incorporate the approved 

SRP section 9.5.1.2 into the next 

revisions of RG 1.205 and any related 

guidance documents. This proposed 

guidance is applicable only to currently 

operating nuclear reactor licensees. 

Because of the introduction of the now 

proposed SRP section 9.5.1.2, the 

current SRP section 9.5.1 will be 

renumbered to read 9.5.1.1. This SRP is 

not endorsing NFPA 805, since that 

standard is already a part of the 10 CFR 

50.48(c) rule. In addition, this SRP does 

not directly endorse the guidance 

document issued by the industry (NEI 

04–02, ‘‘Guidance for Implementing a 

Risk-Informed, Performance-Based Fire 

Protection Program under 10 CFR 

50.48(c),’’ Rev. 2) for plants 

transitioning to an NFPA 805 FPP. RG 

1.205 provides the staff’s positions with 

respect to NEI 04–02. 

DATES: Comments must be filed no later 

than 60 days from the date of 

publication of this notice in the Federal 

Register. Comments received after this 

date will be considered, if it is practical 

to do so, but the Commission is able to 

ensure consideration only for comments 

received on or before this date. 

ADDRESSES: Comments may be 

submitted to: Chief, Rulemaking, 

Directives, and Editing Branch, Mail 

Stop: TWB–05–B01M, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

The NRC maintains 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/readingrm/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 Public Document Room 

reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail at 

pdr.resources@nrc.gov. 


rwilkins on PROD1PC63 with NOTICES
6182 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alex R. Klein, Chief, Fire Protection 

Branch, Division of Risk Assessment, 

Office of the Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone 301–415–2822 or e-mail 

at Alex.Klein@nrc.gov. 

SUPPLEMENTARY INFORMATION: This SRP, 

NUREG–0800, has been prepared to 

establish criteria that the Office of 

Nuclear Reactor Regulation staff use to 

evaluate license amendment requests if 

the application meets the NRC’s 

regulations. The SRP is not a substitute 

for the NRC’s regulations, and 

compliance with it is not required. 

However, applicants are required to 

identify differences in design features, 

analytical techniques, and procedural 

measures proposed for a facility and 

corresponding SRP acceptance criteria, 

and evaluate how the proposed 

alternatives to the acceptance criteria 

provide an acceptable method of 

complying with the NRC’s regulations. 

Title 10 of the Code of Federal 

Regulations, Section 50.48, ‘‘Fire 

protection’’ (10 CFR 50.48) provides the 

NRC requirements for fire protection for 

nuclear power plants (NPPs). Under 10 

CFR 50.48(c), a licensee of an existing 

plant may choose to adopt a RI/PB FPP 

that meets the requirements of NFPA 

805, ‘‘Performance-Based Standard for 

Fire Protection for Light Water Reactor 

Electric Generating Plants,’’ 2001 

edition, as incorporated therein, as an 

alternative to meeting the requirements 

of 10 CFR 50.48(b) for plants licensed to 

operate before January 1, 1979, or the 

approved FPP for existing plants 

licensed to operate after January 1, 1979. 

The agency posts its issued staff 

guidance in the agency external Web 

page (http://www.nrc.gov/reading-rm/ 

doc-collections/nuregs/staff/ 

sr0800/ch9/). 

The NRC staff is issuing this notice to 

solicit public comments on the 

proposed SRP Section 9.5.1.2 and is 

being issued for the first time. After the 

NRC staff considers any public 

comments, it will make a determination 

regarding the proposed SRP Section 

9.5.1.2. 

Dated at Rockville, Maryland, this 29th day 

of January 2009. 

For the Nuclear Regulatory Commission. 

William D. Reckley, 

Chief, Rulemaking and Guidance 

Development Branch, Division of New Reactor 

Licensing, Office of New Reactors. 

[FR Doc. E9–2456 Filed 2–4–09; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL SERVICE 

International Product Change— 

International Business Reply Service 

Contracts 

AGENCY: Postal ServiceTM. 

ACTION: Notice. 

SUMMARY: Postal Service gives notice of 

filing a request with the Postal 

Regulatory Commission to add 

International Business Reply Service 

Contracts to the Competitive Products 

List pursuant to 39 U.S.C. 3642. 

DATES: February 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Margaret M. Falwell, 703–292–3576. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service® hereby 

gives notice that it has filed with the 

Postal Regulatory Commission a Request 

of United States Postal Service To Add 

International Business Reply Service 

Contracts to the Competitive Products 

List, and Notice of Filing Contract 

(Under Seal) Contract and Enabling 

Governors’ Decision. Documents are 

available at http://www.prc.gov, Docket 

Nos. MC2009–14 and CP2009–20. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–2420 Filed 2–4–09; 8:45 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–28610] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

January 30, 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 December, 

2008. A copy of each application may be 

obtained for a fee at the Commission’s 

Public Reference Room, 100 F Street, 

NE., Washington, DC 20549–1520 (tel. 

202–551–5850). 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 

February 24, 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. 

FOR FURTHER INFORMATION CONTACT: 

Diane L. Titus at (202) 551–6810, SEC, 

Division of Investment Management, 

Office of Investment Company 

Regulation, 100 F Street, NE., 

Washington, DC 20549–4041. 

The Shepherd Street Funds, Inc. 

[File No. 811–8883] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On September 19, 

2008, applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $14,179 

incurred in connection with the 

liquidation were paid by Salem 

Investment Counselors, Inc., applicant’s 

investment adviser. 

Filing Date: The application was filed 

on December 5, 2008. 

Applicant’s Address: Salem 

Investment Counselors, Inc., 480 

Shepherd St., Winston-Salem, NC 

27103. 

Cohen & Steers VIF Realty Fund, Inc. 

[File No. 811–21669] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On April 30, 

2008, applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $8,200 

incurred in connection with the 

liquidation were paid by applicant. 

Filing Date: The application was filed 

on December 4, 2008. 

Applicant’s Address: 280 Park Ave., 

10th Floor, New York, NY 10017. 

Putnam California Investment Grade 

Municipal Trust 

[File No. 811–7276] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. Applicant’s 

preferred shareholders received their 

liquidation preference and accrued and 

unpaid dividends up to March 23, 2007. 

On April 13, 2007, applicant made a 

final liquidating distribution to its 

shareholders, based on net asset value. 

Expenses of approximately $30,089 

incurred in connection with the 

liquidation were paid by applicant. 

Filing Date: The application was filed 

on December 23, 2008. 


rwilkins on PROD1PC63 with NOTICES