60286 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Notices

to maintain emergency procedures for

each area in which this licensed SNM

is handled, used, or stored and provides

that (1) the procedures ensure that all

personnel withdraw to an area of safety

upon the sounding of a criticality

accident monitor alarm, (2) the

procedures must include drills to

familiarize personnel with the

evacuation plan, and (3) the procedures

designate responsible individuals for

determining the cause of the alarm and

placement of radiation survey

instruments in accessible locations for

use in such an emergency. Paragraph (d)

of 10 CFR 70.24 states that any licensee

who believes that there is good cause

why he should be granted an exemption

from all or part of 10 CFR 70.24 may

apply to the Commission for such an

exemption and shall specify the reasons

for the relief requested.

III

The SNM that could be assembled

into a critical mass at Palisades is in the

form of nuclear fuel; the quantity of

SNM other than fuel that is stored on

site in any given location is small

enough to preclude achieving a critical

mass. The Commission’s technical staff

has evaluated the possibility of an

inadvertent criticality of the nuclear fuel

at Palisades and has determined that it

is extremely unlikely for such an

accident to occur if the licensee meets

the following seven criteria:

1. Only one fuel assembly is allowed

out of a shipping cask or storage rack at

one time.

2. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

fresh fuel storage racks are filled with

fuel of the maximum permissible

uranium-235 (U–235) enrichment and

flooded with pure water.

3. If optimum moderation occurs at

low moderator density, then the keffective does not exceed 0.98, at a 95%

probability, 95% confidence level in the

event that the fresh fuel storage racks

are filled with fuel of the maximum

permissible U–235 enrichment and

flooded with a moderator at the density

corresponding to optimum moderation.

4. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

spent fuel storage racks are filled with

fuel of the maximum permissible U–235

enrichment and flooded with pure

water.

5. The quantity of forms of special

nuclear material, other than nuclear

fuel, that is stored on site in any given

area is less than the quantity necessary

for a critical mass.

6. Radiation monitors, as required by

General Design Criterion 63, are

provided in fuel storage and handling

areas to detect excessive radiation levels

and to initiate appropriate safety

actions.

7. The maximum nominal U–235

enrichment is limited to 5.0 weight

percent.

By letter dated July 2, 1997, the

licensee requested an exemption from

10 CFR 70.24(a). The Commission’s

technical staff has reviewed the

licensee’s submittal and has determined

that Palisades meets the criteria for

prevention of inadvertent criticality;

therefore, the staff has determined that

it is extremely unlikely for an

inadvertent criticality to occur in SNM

handling or storage areas at Palisades.

The purpose of the criticality

monitors required by 10 CFR 70.24(a) is

to ensure that if a criticality were to

occur during the handling of SNM,

personnel would be alerted to that fact

and would take appropriate action. The

staff has determined that it is extremely

unlikely that such an accident could

occur; furthermore, the licensee has

radiation monitors, as required by

General Design Criterion 63, in fuel

storage and handling areas. These

monitors will alert personnel to

excessive radiation levels and allow

them to initiate appropriate safety

actions. The low probability of an

inadvertent criticality, together with the

licensee’s adherence to General Design

Criterion 63, constitutes good cause for

granting an exemption to the

requirements of 10 CFR 70.24(a).

IV

The Commission has determined that,

pursuant to 10 CFR 70.14, this

exemption is authorized by law, will not

endanger life or property or the common

defense and security, and is otherwise

in the public interest.

Therefore, the Commission hereby

grants Consumers Energy an exemption

from the requirements of 10 CFR

70.24(a).

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the environment

(62 FR ).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 28th day

of October 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–29489 Filed 11–6–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–410]

Long Island Lighting Company; Nine

Mile Point Nuclear Station, Unit No. 2

Notice is hereby given that the U.S.

Nuclear Regulatory Commission (the

Commission) is considering the

issuance of an Order approving, under

10 CFR 50.80, an application regarding

an indirect transfer of control of

ownership and possessory rights held

by Long Island Lighting Company

(LILCO) under the operating license for

Nine Mile Point Nuclear Station, Unit

No. 2 (NMP2). The indirect transfer

would be to the Long Island Power

Authority (LIPA). LILCO is licensed by

the Commission to own and possess an

18 percent interest in NMP2.

By letter dated September 8, 1997,

LILCO informed the Commission that

LIPA plans to acquire LILCO by

purchasing its stock through a cash

merger, at a time when LILCO consists

of its electric transmission and

distribution system, its retail electric

business, substantially all of its electric

regulatory assets, and its 18 percent

share of NMP2. LILCO thereby would

become a subsidiary of LIPA. After this

restructuring, LILCO will continue to

exist as an ‘‘electric utility’’ as defined

in 10 CFR 50.2 providing the same

electric utility services it did

immediately prior to the restructuring.

LILCO will continue to be a licensee of

NMP2, and no direct transfer of the

operating license or interests in the

station will result from the proposed

restructuring. The transaction would not

involve any change to either the

management organization or technical

personnel of Niagara Mohawk Power

Corporation, which is responsible for

operating and maintaining NMP2.

Pursuant to 10 CFR 50.80, the

Commission may approve the transfer of

control of a license after notice to

interested persons. Such approval is

contingent upon the Commission’s

determination that the holder of the

license following the transfer is

qualified to hold the license and that the

transfer is otherwise consistent with

applicable provisions of law,

regulations, and orders of the

Commission.

For further details with respect to this

proposed action, see the LILCO letter

dated September 8, 1997, as

supplemented October 8, 1997. These

documents are available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, N.W., Washington, DC,

and at the local public document room
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Notices 60287

located at the Penfield Library, State

University of New York, Oswego, New

York 13126.

Dated at Rockville, Maryland this 28th day

of October 1997.

For the Nuclear Regulatory Commission.

Darl S. Hood,

Senior Project Manager, Project Directorate

I–1, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 97–29490 Filed 11–6–97; 8:45 am]

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY

CORPORATION

Submission of Information Collection

for OMB Review; Comment Request;

Termination of Single Employer Plans;

Missing Participants; PBGC Forms

500–501, 600–602

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Notice of request for extension

of OMB approval.

SUMMARY: The Pension Benefit Guaranty

Corporation (‘‘PBGC’’) is requesting that

the Office of Management and Budget

(‘‘OMB’’) extend its approval, under the

Paperwork Reduction Act, of a

collection of information in its

regulations on Termination of Single

Employer Plans and Missing

Participants (29 CFR Parts 4041 and

4050) and implementing forms and

instructions (PBGC Forms 500–501 and

600–602). This notice informs the

public of the PBGC’s request and solicits

public comment on the collection of

information.

DATES: Comments should be submitted

by December 8, 1997.

ADDRESSES: Comments should be

mailed to the Office of Information and

Regulatory Affairs of the Office of

Management and Budget, Attention:

Desk Officer for Pension Benefit

Guaranty Corporation, Washington, DC

20503. The request for extension will be

available for public inspection at the

Communications and Public Affairs

Department of the Pension Benefit

Guaranty Corporation, suite 240, 1200 K

Street, NW., Washington, DC, 20005–

4026, between 9 a.m. and 4 p.m. on

business days.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General

Counsel, or Catherine B. Klion,

Attorney, Office of the General Counsel,

Pension Benefit Guaranty Corporation,

1200 K Street, NW., Washington, DC

20005–4026, 202–326–4024. (For TTY

and TDD, call 800–877–8339 and

request connection to 202–326–4024).

SUPPLEMENTARY INFORMATION: The PBGC

administers the pension plan

termination insurance programs under

Title IV of the Employee Retirement

Income Security Act of 1974, as

amended (‘‘ERISA’’). Under section

4041 of ERISA, a single-employer

pension plan may terminate voluntarily

only if it satisfies the requirements for

either a standard or a distress

termination. Pursuant to ERISA section

4041(b), for standard terminations, and

section 4041(c), for distress

terminations, and the PBGC’s

termination regulation (29 CFR part

4041), a plan administrator wishing to

terminate a plan is required to submit

specified information to the PBGC in

support of the proposed termination and

to provide specified information

regarding the proposed termination to

third parties (participants, beneficiaries,

alternate payees, and employee

organizations). In the case of a plan with

participants or beneficiaries who cannot

be located when their benefits are to be

distributed, the plan administrator is

subject to the requirements of ERISA

section 4050 and the PBGC’s missing

participants regulation (29 CFR part

4050).

Elsewhere in today’s Federal Register,

the PBGC published a final rule that

extends standard termination deadlines

and otherwise simplifies the standard

termination process, requires that plan

administrators provide participants with

information on state guaranty

association coverage of annuities, and

makes conforming changes to the

distress termination process. The final

rule also makes conforming and

simplifying changes to the missing

participants regulation. In addition, the

PBGC made clarifying and other

changes (related to the final rule) to its

implementing forms and instructions

under the termination and missing

participants regulations.

Terminations initiated before the

effective date of the final rule generally

will be subject to the existing collection

of information requirements. (The PBGC

specified in the final rule certain

portions of the final rule that plan

administrators may apply to

terminations in process at the time the

final rule becomes effective.) Thus, even

after the effective date of the final rule,

there will be a period of time during

which the existing collection of

information requirements will apply for

some terminations.

The PBGC is asking OMB to (1)

approve for three years the revised

collection of information requirements

contained in the new final termination

and missing participants regulations

and implementing forms and

instructions; and (2) extend its approval

for three years of the collection of

information requirements in the existing

termination and missing participants

regulations and implementing forms

and instructions. To facilitate OMB’s

consideration of these requests, the

PBGC is combining the final rule and

rollover submissions.

Much of the work associated with

terminating a plan is performed for

purposes other than meeting the

collection of information requirements

in the PBGC’s termination and missing

participants regulations. The PBGC

estimates that 3,750 plan administrators

will be subject to the collection of

information requirements each year, and

that the total annual burden of

complying with these requirements is

5,231 hours and $2,761,672.

Issued in Washington, DC, this 3rd day of

November, 1997.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 97–29499 Filed 11–6–97; 8:45 am]

BILLING CODE 7708–01–P

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment

Request

SUMMARY: In accordance with the

requirement of Section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995

which provides opportunity for public

comment on new or revised data

collections, the Railroad Retirement

Board (RRB) will publish periodic

summaries of proposed data collections.

Comments are invited on: (a) Whether

the proposed information collection is

necessary for the proper performance of

the functions of the agency, including

whether the information has practical

utility; (b) the accuracy of the RRB’s

estimate of the burden of the collection

of the information; (c) ways to enhance

the quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden related to

the collection of information on

respondents, including the use of

automated collection techniques or

other forms of information technology.

Title and purpose of information

collection: Application for Employee

Annuity Under the Railroad Retirement

Act; OMB 3220–0002.

Section 2 of the Railroad Retirement

Act (RRA), provides for payment of age

and service, disability and supplemental

annuities to qualified employees. The

basic requirements for a regular

employee annuity retirement annuity

under the RRA is 120 months (10 years)