Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10969 

certain geographic areas a requiring 

special protection. The regulations 

establish such a permit system to 

designate Antarctic Specially Protected 

Areas. 

The application received follows: 

1. Permit Application No. 2009–025 

Applicant 

Cindy Lee Van Dover, Duke 

University Marine Lab, 135 Marine Lab 

Road, Beaufort, NC 28516. 

Activity for Which Permit Is Requested 

Take, Introduce Non-Indigenous 

Species into Antarctica, and Import into 

the USA. The applicant plans to collect 

sediment cores and seep invertebrates 

from the Larsen B embayment in order 

to (1) Characterize trophic relations 

between sediment bacteria, clams and 

other macro-invertebrates present in 

newly-discovered cold seeps; (2) 

provide a preliminary assessment of the 

genetic population structure of Larsen B 

cold seep clams; and (3) characterize the 

evolutionary relationship between 

Larsen B cold seep clams and other 

members of the family Vesicomyidae. In 

addition, the applicant will deploy 

North Atlantic Right Whale vertebrae 

bones and pine wood substrate on eight 

moorings scattered through the Larsen B 

embayment. If time permits, 

invertebrates will be collected from the 

whale bone and wood substrates. During 

their second season, additional 

sediment cores will be collected as well 

as invertebrates, and the bone and wood 

moorings will be recovered. 

Location 

Larsen B Embayment, Antarctica. 

Dates 

January 1, 2010 to March 31, 2012. 

Nadene G. Kennedy, 

Permit Officer, Office of Polar Programs. 

[FR Doc. E9–5291 Filed 3–12–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards, Meeting of the ACRS 

Subcommittee on Reliability and 

Probabilistic Risk Assessment; Notice 

of Meeting 

The ACRS Subcommittee on 

Reliability and Probabilistic Risk 

Assessment (PRA) will hold a meeting 

on March 27, 2009, Room T–2–B3, 

11545 Rockville Pike, Rockville, 

Maryland. 

The entire meeting will be open to 

public attendance. 

The agenda for the subject meeting 

shall be as follows: 

Friday, March 27, 2009—1 p.m. until 

the conclusion of business. 

The Subcommittee will review 

example uses of the guidance on 

performance of sensitivity and 

uncertainty analyses described in 

NUREG–1855. The Subcommittee will 

hear presentations by and hold 

discussions with representatives of the 

NRC staff. The Subcommittee will 

gather information, analyze relevant 

issues and facts, and formulate 

proposed positions and actions, as 

appropriate, for deliberation by the full 

Committee. Members of the public 

desiring to provide oral statements and/ 

or written comments should notify the 

Designated Federal Official, Harold 

VanderMolen (Telephone: 301–415– 

6236) 5 days prior to the meeting, if 

possible, so that appropriate 

arrangements can be made. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. Detailed 

procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 6, 2008, (73FR 58268–58269). 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

8:30 a.m. and 4:30 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes to the agenda. 

Dated: March 6, 2009. 

Cayetano Santos, 

Chief, Reactor Safety Branch A, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. E9–5450 Filed 3–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–438 and 50–439; NRC– 

2009–0093] 

In the Matter of Tennessee Valley 

Authority (Bellefonte Nuclear Plant 

Units 1 and 2); Order 

The U.S. Atomic Energy Commission 

(predecessor to the U.S. Nuclear 

Regulatory Commission (NRC or the 

Commission)) issued construction 

permit (CP) Nos. CPPR–122 and CPPR– 

123 to the Tennessee Valley Authority 

(TVA or the applicant) on December 24, 

1974, authorizing construction of the 

Bellefonte Nuclear Plant (Bellefonte or 

BLN) Units 1 and 2, respectively, at the 

applicant’s site in Jackson County, AL, 

on a peninsula at Tennessee River Mile 

392 on the west shore of Guntersville 

Reservoir, about 6 miles east northeast 

of Scottsboro, AL. On March 4, 2003, 

the NRC issued an Order amending CP 

Nos. CPPR–122 and CPPR–123 by 

revising the latest dates for completion 

of construction to October 1, 2011, for 

BLN Unit 1, and October 1, 2014, for 

BLN Unit 2. 

On September 14, 2006, the NRC 

granted TVA its request to withdraw the 

CPs. Until the time of withdrawal, these 

facilities were in a deferred plant status 

as described in the Commission’s Policy 

Statement on Deferred Plants, as 

published in the Federal Register on 

October 14, 1987 (52 FR 38077). 

In a letter dated August 26, 2008, as 

supplemented on September 25, 2008, 

and on November 24, 2008, TVA has 

requested these CPs be reinstated. 

The NRC staff has prepared an 

‘‘Environmental Assessment and 

Finding of No Significant Impact,’’ 

which was published in the Federal 

Register on March 3, 2009 (74 FR 9308). 

Under Title 10, Section 51.32, ‘‘Finding 

of No Significant Impact,’’ of the Code 

of Federal Regulations (10 CFR 51.32), 

the Commission has determined that 

reinstating the CPs and placing the 

facility in a terminated plant status will 

not have a significant impact on the 

environment. 

For further details on this action, see 

the TVA application dated August 26, 

2008, as supplemented on September 

25, 2008, and on November 24, 2008, 

and the NRC staff’s letter and safety 

evaluation related to the requested 

reinstatement of the CPs dated March 9, 

2009. Documents may be examined and/ 

or copied for a fee at the NRC’s Public 

Document Room located at One White 

Flint North, 11555 Rockville Pike (first 

floor), and they are accessible through 

the Agencywide Documents Access and 

Management System (ADAMS) 

Electronic Reading Room link at the 

NRC Web site, http://www.nrc.gov. 

Any person adversely affected by this 

Order may request a hearing on this 

Order within 60 days of its issuance, 

and the request for a hearing is limited 

to whether good cause exists for the 

reinstatement of the CPs. The NRC will 

consider extending the time to answer 

or to request a hearing where good cause 

is shown. A request for an extension of 

time must be directed to the Director of 

the Office of Nuclear Reactor Regulation 

(NRR), U.S. Nuclear Regulatory 

Commission, and must include a 

statement of good cause for the 

extension. Requirements for hearing 

requests are found in 10 CFR 2.309, 


sroberts on PROD1PC70 with NOTICES
10970 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

‘‘Hearing requests, Petitions to 

Intervene, Requirements for Standing, 

and Contentions.’’ 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing, and documents filed by 

interested governmental entities 

participating under 10 CFR 2.315(c), 

must be filed in accordance with the 

NRC’s Electronic Maintenance and 

Submission of Information (E-Filing) 

rule, which the NRC promulgated on 

August 28, 2007 (72 FR 49139). The EFiling process requires participants to 

submit and serve all adjudicatory 

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 associated with E-Filing, 

at least 10 days prior to the filing 

deadline, the requestor should contact 

the Office of the Secretary by e-mail at 

hearing.docket@nrc.gov or by calling 

(301) 415–1677, to request (1) a digital 

identification (ID) certificate that allows 

the participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any NRC proceeding in which 

it is participating or (2) the creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE) viewer, 

which is a component of the E-Filing 

system. The Workplace Forms ViewerTM

is free and is available at http:// 

www.nrc.gov/site-help/e-submittals/ 

install-viewer.html. Information about 

how to apply for a digital ID certificate 

is also available on NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals/apply-certificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, he or she can then submit a 

request for a hearing through EIE. 

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 

the document through EIE. To be timely, 

electronic filings must be submitted to 

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

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

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 document 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 is 

filed so that they may 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 Electronic Filing Help Desk, which 

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

Eastern Time, Monday through Friday, 

excluding government holidays. The 

toll-free help line number is (866) 672– 

7640. A person filing electronically may 

also seek assistance by sending an email to the NRC Electronic Filing Help 

Desk at MSHD.resource@nrc.gov. 

Participants who believe that they have 

good cause for not submitting 

documents electronically must file an 

exemption request, 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 

(1) by 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) by 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 the 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 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 they are excluded under an order 

of the Commission, the Atomic Safety 

and Licensing Board, or a presiding 

officer. Participants are requested not to 

include personal privacy information 

such as social security numbers, home 

addresses, or home telephone numbers 

in their filings. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a ‘‘fair use’’ application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

If a person requests a hearing, that 

person shall set forth with particularity 

the manner in which his or her interest 

is adversely affected by this Order and 

shall address the criteria set forth in 10 

CFR 2.309(d). 

The scope of this Order reinstating the 

CPs and any proceeding hereunder is 

limited to direct challenges to the 

permit holder’s asserted reasons that 

show good cause justification for the 

reinstatement of the CPs. 

Attorney for the Permit Holder: 

Maureen H. Dunn, Executive Vice 

President and General Counsel, 

Tennessee Valley Authority, 400 West 

Summit Hill Drive, Knoxville, TN 

37902. 

Accordingly, pursuant to Section 

161b of the Atomic Energy Act of 1954, 

as amended, 42 U.S.C. Section 2201(b), 

and 10 CFR 50.55(b), it is hereby 

ordered that CP Nos. CPPR–122 and 

CPPR–123 for the construction of BLN 

Units 1 and 2, respectively, are 

reinstated, and the facility returned to a 

terminated plant status under Section 

III.B, ‘‘Terminated Plant,’’ of the 

Commission’s Policy Statement on 

Deferred Plants dated October 14, 1987 

(52 FR 38077). It is also ordered, in 

accordance with 10 CFR 50.55(b), that 

the expiration dates defining the latest 

construction completion dates for CP 

Nos. CPPR–122 and CPPR–123 are 

October 1, 2011, and October 1, 2014, 

respectively. Should TVA choose to 

pursue placement of the facility in a 

deferred plant status, it shall ensure to 

the satisfaction of the NRR Director that 

it has complied with the guidance and 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10971 

provisions under Section III.A, 

‘‘Deferred Plant,’’ of the Commission’s 

Policy Statement on Deferred Plants. 

When the results of its evaluation and 

inspection are satisfactory, the NRR 

Director may then authorize placement 

of the facility in a deferred plant status. 

Should TVA decide to reactivate 

construction, it shall comply with the 

provisions for notifying the NRR 

Director and shall provide the 

information described in the 

Commission’s Policy Statement on 

Deferred Plants. 

Dated at Rockville, Maryland, this 9th day 

of March 2009. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–5437 Filed 3–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Proposed Data Collection(s) Available 

for Public Comment and 

Recommendations 

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 collections are 

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 for 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. 

1. Title and purpose of information 

collection: Survivor Questionnaire; 

OMB 3220–0032. 

Under Section 6 of the Railroad 

Retirement Act (RRA), benefits that may 

be due on the death of a railroad 

employee or a survivor annuitant 

include (1) a lump-sum death benefit (2) 

a residual lump-sum payment (3) 

accrued annuities due but unpaid at 

death, and (4) monthly survivor 

insurance payments. The requirements 

for determining the entitlement of 

possible beneficiaries to these benefits 

are prescribed in 20 CFR part 234. 

When the RRB receives notification of 

the death of a railroad employee or 

survivor annuitant, an RRB field office 

utilizes Form RL–94–F, Survivor 

Questionnaire, to secure additional 

information from surviving relatives 

needed to determine if any further 

benefits are payable under the RRA. 

Completion is voluntary. One response 

is requested of each respondent. 

The RRB proposes minor non-burden 

impacting changes to Form RL–94–F. 

The completion time for the RL–94–F is 

estimated at between 5 to 11 minutes. 

The RRB estimates that approximately 

8,000 responses are received annually. 

2. Title and Purpose of Information 

Collection: Pension Plan Reports; OMB 

3220–0089. 

Under Section 2(b) of the Railroad 

Retirement Act (RRA), the Railroad 

Retirement Board (RRB) pays 

supplemental annuities to qualified RRB 

employee annuitants. A supplemental 

annuity, which is computed according 

to Section 3(e) of the RRA, can be paid 

at age 60 if the employee has at least 30 

years of creditable railroad service or at 

age 65 if the employee has 25–29 years 

of railroad service. In addition to 25 

years of service, a ‘‘current connection’’ 

with the railroad industry is required. 

Eligibility is further limited to 

employees who had at least one month 

of rail service before October 1981 and 

were awarded regular annuities after 

June 1966. Further, if an employee’s 

65th birthday was prior to September 2, 

1981, he or she must not have worked 

in rail service after certain closing dates 

(generally the last day of the month 

following the month in which age 65 is 

attained). Under Section 2(h)(2) of the 

RRA, the amount of the supplemental 

annuity is reduced if the employees 

receive monthly pension payments, or 

lump-sum pension payments, from their 

former railroad employer, which are 

based in whole or in part on 

contributions from that railroad 

employer. The employees’ own 

contributions to their pension accounts 

do not cause a reduction. An employer 

private pension is described in 20 CFR 

216.40–216.42. 

The RRB requires the following 

information from railroad employers to 

calculate supplemental annuities: (a) 

The current status of railroad employer 

pension plans and whether such 

employer pension plans cause 

reductions to the RRB supplemental 

annuity; (b) the amount of the employer 

private pension being paid to the 

employee; (c) whether or not the 

employer made contributions to the 

pension; (d) whether or not the 

employee was cashed out before 

attaining retirement age under the 

employer pension plan or received the 

pension in a lump-sum payment in lieu 

of monthly pension payments; and (e) 

whether the employer pension plan 

continues when the employer status 

under the RRA changes. The 

requirement that railroad employers 

furnish pension information to the RRB 

is contained in 20 CFR 209.2. 

The RRB currently utilizes Form(s) G– 

88p (Employer’s Supplemental Pension 

Report), G–88r (Request for Information 

About New or Revised Pension Plan), 

and G–88r.1 (Request for Additional 

Information about Employer Pension 

Plan in Case of Change of Employer 

Status or Termination of Pension Plan), 

to obtain the necessary information from 

railroad employers. One response is 

requested of each respondent. 

Completion is mandatory. 

The RRB proposes no changes to 

Form G–88p, G–88r or G–88r.1 

The estimated annual respondent 

burden is as follows: 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No.(s) Annual 

responses 

Time 

(min) 

Burden 

(hrs) 

G–88p .......................................................................................................................................... 750 8 100 

G–88r ........................................................................................................................................... 10 10 2 

G–88r.1 ........................................................................................................................................ 5 7 1 

Total ...................................................................................................................................... 765 ........................ 103 


sroberts on PROD1PC70 with NOTICES