9436 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 

requests, interpretations, appeals, and 

background files. 

4. Department of Agriculture, Risk 

Management Agency (N1–258–08–5, 6 

items, 5 temporary items). Records 

relating to the development and 

management of crop insurance plans for 

specific crops. Proposed for permanent 

retention are final policy dockets 

reviewed and approved by the Federal 

Crop Insurance Corporation Board. 

5. Department of Agriculture, Risk 

Management Agency (N1–258–08–7, 3 

items, 3 temporary items). Proposals, 

project files, and other records 

supporting risk management 

partnerships, grants, and cooperative 

agreements. 

6. Department of Agriculture, Risk 

Management Agency (N1–258–08–8, 4 

items, 4 temporary items). Records 

relating to maximum yields used to 

monitor production, files that pertain to 

non-reinsured supplemental insurance 

products, division-level weekly reports, 

and general correspondence with 

industry associations. 

7. Department of the Army, Agencywide (N1–AU–09–2, 1 item, 1 temporary 

item). Master files of an electronic 

information system that contains 

records management information, such 

as records retention schedules, file 

plans, user lists, and unit profile data. 

8. Department of Education, Office of 

Communications and Outreach (N1– 

441–08–12, 7 items, 1 temporary item). 

Routine communications records, 

including such records as photographs 

of award and retirement ceremonies, 

inquiries received from the media, 

reference copies of publications, radio 

news feeds on education issues, and 

artwork created in connection with the 

production of publications. Proposed for 

permanent retention are publications, 

posters, photographs, video recordings, 

and testimony by senior officials that 

relate to the agency’s mission and 

substantive policies and activities. 

9. Department of Health and Human 

Services, Food and Drug Administration 

(N1–88–08–1, 22 items, 22 temporary 

items). Records relating to medical 

device pre-marketing applications and 

post-marketing surveillance, 

radiological product monitoring, and xray trend surveys. 

10. Department of Health and Human 

Services, Food and Drug Administration 

(N1–88–08–3, 5 items, 5 temporary 

items). Records relating to training, 

including such records as course 

descriptions and materials, course 

rosters, training reports, and employee 

training and certification records. 

11. Department of Homeland Security, 

Headquarters Offices (N1–563–08–3, 11 

items, 8 temporary items). Distribution 

lists, copies of grant project files, 

interagency agreements, responses to 

requests for information, presentations 

and speeches by non-executive level 

staff, and situation awareness reports 

maintained by non-executive level staff 

and staff outside of the National 

Operations Center. Proposed for 

permanent retention are biographies of 

senior level staff, brochures, 

publications, and posters. 

12. Department of Justice, Justice 

Management Division (N1–60–08–27, 5 

items, 4 temporary items). Records of 

the Audit Liaison Group, including such 

records as audit and investigation files, 

background materials, and 

correspondence. Final Inspector General 

and Attorney General semi-annual 

reports to Congress are proposed for 

permanent retention. 

13. Department of Justice, Justice 

Management Division (N1–60–09–4, 6 

items, 6 temporary items). Records of 

the Justice Command Center, including 

such records as watch logs, message 

logs, contact lists, and travel logs. Also 

included are master files of the Justice 

Automated Command Center System, 

which tracks incoming calls and 

messages and also includes information 

on key agency personnel, such as 

contact information, travel status, and 

committee appointments. 

14. Department of Justice, Bureau of 

Prisons (N1–129–09–4, 1 item, 1 

temporary item). Master files for an 

electronic information system used to 

track and maintain control over tools 

and shop equipment. 

15. Department of Justice, Federal 

Bureau of Investigation (N1–65–06–9, 3 

items, 3 temporary items). Outputs, 

usage agreements, memorandums of 

understanding, and security audit logs 

associated with the National DNA 

Indexing System. 

16. Department of Justice, Federal 

Bureau of Investigation (N1–65–09–3, 

10 items, 10 temporary items). Records 

relating to agency health care activities. 

Records relate to such matters as 

emergency medicine programs, fitness 

for duty programs, alcohol and 

controlled substance abuse programs, 

and regional health care. 

17. Environmental Protection Agency, 

Agency-wide (N1–412–07–61, 3 items, 2 

temporary items). Records relating to 

disaster response, other than records 

relating to disasters that are designated 

as major disasters by the President. 

Included are such records as damage 

surveys, damage assessments, 

environmental samplings, and 

inspection reports. Paper copies of these 

records were previously approved for 

disposal. Proposed for permanent 

retention are records relating to 

disasters designated as major disasters 

by the President. 

18. Federal Communications 

Commission, Media Bureau (N1–173– 

08–9, 7 items, 7 temporary items). 

Master files of an electronic information 

system used for such purposes as 

submitting cable community 

registrations, making operator 

information changes, and filing annual 

signal leakage reports and aeronautical 

frequency notifications. 

Dated: February 27, 2009. 

Michael J. Kurtz, 

Assistant Archivist for Records Services— 

Washington, DC. 

[FR Doc. E9–4729 Filed 3–3–09; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL INDIAN GAMING 

COMMISSION 

Fee Rate 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given, 

pursuant to 25 CFR 514.1(a)(3), that the 

National Indian Gaming Commission 

has adopted preliminary annual fee 

rates of 0.00% for tier 1 and 0.058% 

(.00058) for tier 2 for calendar year 

2009. These rates shall apply to all 

assessable gross revenues from each 

gaming operation under the jurisdiction 

of the Commission. If a tribe has a 

certificate of self regulation under 25 

CFR part 518, the preliminary fee rate 

on class II revenues for calendar year 

2009 shall be one-half of the annual fee 

rate, which is 0.0290% (.000290). 

FOR FURTHER INFORMATION CONTACT: 

Kwame Mainoo, National Indian 

Gaming Commission, 1441 L Street, 

NW., Suite 9100, Washington, DC 

20005; telephone (202) 632–7003; fax 

(202) 632–7066 (these are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: The 

Indian Gaming Regulatory Act (IGRA) 

established the National Indian Gaming 

Commission which is charged with, 

among other things, regulating gaming 

on Indian lands. 

The regulations of the Commission 

(25 CFR part 514), as amended, provide 

for a system of fee assessment and 

payment that is self-administered by 

gaming operations. Pursuant to those 

regulations, the Commission is required 

to adopt and communicate assessment 

rates; the gaming operations are 

required to apply those rates to their 

revenues, compute the fees to be paid, 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9437 

report the revenues, and remit the fees 

to the Commission on a quarterly basis. 

The regulations of the Commission 

and the preliminary rate being adopted 

today are effective for calendar year 

2009. Therefore, all gaming operations 

within the jurisdiction of the 

Commission are required to self 

administer the provisions of these 

regulations, and report and pay any fees 

that are due to the Commission by 

March 31, 2009. 

Dated: February 24, 2009. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

[FR Doc. E9–4410 Filed 3–3–09; 8:45 am] 

BILLING CODE 7565–01–M 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2009–0040] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Correction. 

SUMMARY: This document corrects a 

notice appearing in the Federal Register 

on February 9, 2009 (74 FR 6421) that 

informs the public of a notice of 

pending NRC action to submit an 

information collection request to the 

Office of Management and Budget 

(OMB) and solicitation of public 

comment on the collection ‘‘Billing 

Instructions for NRC Cost Type 

Contracts (3150–0109).’’ 

FOR FURTHER INFORMATION CONTACT: 

Gregory Trussell, NRC Clearance 

Officer, Office of Information Services; 

telephone (301) 415–6445 or 

infocollects.resource@nrc.gov. 

SUPPLEMENTARY INFORMATION: On page 

6421, first column, the subject heading 

is corrected to read ‘‘Docket No. NRC– 

2009–0040’’ instead of ‘‘Docket No. 

NRC–2008–0040.’’ The same change 

should be made in the second column, 

last paragraph, where the docket 

number appears twice. 

Dated at Rockville, Maryland, this 19th day 

of February 2009. 

For the Nuclear Regulatory Commission. 

Gregory Trussell, 

NRC Clearance Officer. 

[FR Doc. E9–4566 Filed 3–3–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–289; NRC–2009–0097] 

Exelon Generation Company, LLC 

Three Mile Island Nuclear Station, Unit 

1 Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of exemptions from Title 10 of 

the Code of Federal Regulations (10 

CFR) Part 50, Appendix R, Section III.G, 

‘‘Fire Protection of Safe Shutdown 

Capability,’’ for the use of operator 

manual actions in lieu of the 

requirements specified in Section III.G.2 

as requested by Exelon Generation 

Company, LLC (the licensee, formerly 

AmerGen Energy Company, LLC), for 

operation of Three Mile Island Nuclear 

Station, Unit 1 (TMI–1), located in 

Dauphin County, Pennsylvania. 

Therefore, as required by 10 CFR 51.21, 

the NRC is issuing this environmental 

assessment and finding of no significant 

impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would grant 

exemptions to 10 CFR part 50, 

Appendix R, Section III.G.2 based on 

two operator manual actions contained 

in the licensee’s Fire Protection Program 

(FPP). The licensee’s FPP requires that 

the identified operator manual actions 

be performed outside of the control 

room to achieve shutdown following 

fires in certain fire areas. The licensee 

states that each of the manual actions 

were subjected to a manual action 

feasibility review for TMI–1 that 

determined that the manual actions are 

feasible and can be reliably performed. 

The proposed action is in accordance 

with the licensee’s application dated 

February 4, 2008, as supplemented on 

January 28, 2009, Agencywide 

Documents Access and Management 

System (ADAMS) accession numbers 

ML080350369 and ML090280577, 

respectively. In the January 28, 2009, 

supplement, the licensee withdrew one 

of the three originally proposed manual 

actions from the exemption request, 

since they have determined that action 

is no longer required. 

The Need for the Proposed Action 

The proposed exemption from 10 CFR 

part 50, Appendix R, was submitted in 

response to the need for an exemption 

as identified by NRC Regulatory 

Information Summary (RIS) 2006–10, 

‘‘Regulatory Expectations with 

Appendix R Paragraph III.G.2 Operator 

Manual Actions.’’ The RIS noted that 

NRC inspections identified that some 

licensees had relied upon operator 

manual actions, instead of the options 

specified in Paragraph 10 CFR part 50, 

Appendix R, III.G.2, as a permanent 

solution to resolve issues related to 

Thermo-Lag 330–1 fire barriers. The 

licensee indicates that the operator 

manual actions, referenced in the 

February 4, 2008 application, were 

previously included in correspondence 

with the NRC and found acceptable in 

a fire protection-related Safety 

Evaluation (SE) dated September 7, 

1988, ADAMS accession number 

8809150224. However, RIS 2006–10 

identifies that an exemption under 10 

CFR 50.12 is necessary for use of the 

manual actions in lieu of the 

requirements of 10 CFR part 50, 

Appendix R, III.G.2, even if the NRC 

previously issued an SE that found the 

manual actions acceptable. The 

proposed exemption provides the 

formal vehicle for NRC approval for the 

use of the specified operator manual 

actions instead of the options specified 

in 10 CFR part 50, Appendix R, III.G.2. 

Environmental Impacts of the Proposed 

Action 

The NRC staff evaluated the manual 

operator actions presented in the 

proposed exemption in an NRC SE 

dated September 7, 1988, (ADAMS 

accession number 8809150224) and 

found that they maintained a safe 

shutdown capability that satisfies the 

requirements of 10 CFR 50, Appendix R, 

III.G. In addition, the licensee 

supplemented the February 4, 2008 

request for exemption on January 28, 

2009, with additional information to 

confirm that the operator manual 

actions addressed in the 1988 SE for 

which the exemptions are sought, are 

feasible and that the safety basis for 

these actions remains valid. Therefore, 

the proposed action will not 

significantly increase the probability or 

consequences of accidents. No changes 

are being made in the types of effluents 

that may be released off site. There is no 

significant increase in the amount of 

any effluent released off site. There is no 

significant increase in occupational or 

public radiation exposure. Therefore, 

there are no significant radiological 

environmental impacts associated with 

the proposed action. The NRC staff, 

thus, concludes that granting the 

proposed exemption would result in no 

significant radiological environmental 

impact. 

With regard to potential nonradiological impacts, the proposed 

action does not have a potential to affect 

any historic sites. It does not affect nonVerDate Nov<24>2008 15:08 Mar 03, 2009 Jkt 217001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1