Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11613 

there is no impact on VY’s safe 

shutdown capability by this reduction 

in separation. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its safety 

evaluation (SE) of the proposed action 

and concludes that the further reduction 

in minimum separation distance is 

sufficient to maintain an adequate level 

of safety to meet the requirements of 10 

CFR 50.12(a)(2)(ii) in that the 

application of the regulation is not 

necessary to achieve the underlying 

purpose of the rule. The details of the 

staff’s SE will be provided in the 

exemption that will be issued as part of 

the letter to the licensee approving the 

exemption. 

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. 

With regard to potential nonradiological impacts, the proposed 

action does not have a potential to affect 

any historic sites. It does not affect nonradiological plant effluents and has no 

other environmental impact. Therefore, 

there are no significant non-radiological 

environmental impacts associated with 

the proposed action. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the NRC staff considered denial 

of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the 

application would result in no change 

in current environmental impacts. The 

environmental impacts of the proposed 

action and the alternative action are 

similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement for VY. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on January 15, 2009, the NRC staff 

consulted with the Vermont State 

official of the Vermont Department of 

Public Service regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated July 11, 2008, Agencywide 

Documents Access and Management 

System (ADAMS) accession number 

ML081000176, as supplemented by 

letter dated November 20, 2008, 

ADAMS accession number 

ML083370180. Documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

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 PDR Reference staff by telephone 

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

send an e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 11th day 

of March 2009. 

For the Nuclear Regulatory Commission. 

James Kim, 

Project Manager, Plant Licensing Branch I– 

1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–5811 Filed 3–17–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2008–0036] 

Delay in Modification of Action Taken 

in Connection With WTO Dispute 

Settlement Proceedings on the 

European Communities’ Ban on 

Imports of U.S. Beef and Beef Products 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and modification of 

action. 

SUMMARY: On January 15, 2009, the 

United States Trade Representative 

(‘Trade Representative’) announced 

modifications (‘January 15 

modifications’) to the action taken in 

July 1999 in connection with the World 

Trade Organization (‘‘WTO’’) 

authorization to the United States in the 

EC-Beef Hormones dispute to suspend 

concessions and related obligations with 

respect to the European Communities 

(‘‘EC’’). See 74 FR 4265 (Jan. 23, 2009). 

The January 15 modifications had an 

effective date of March 23, 2009. In 

order to allow additional time to reach 

agreement with the EC on an interim 

solution that would provide benefits to 

the U.S. beef industry, the Trade 

Representative has decided to delay for 

one month (until April 23, 2009) the 

effective date of the additional duties 

imposed under the January 15 

modifications. The effective date of the 

removal of duties under the January 15 

modifications will remain March 23, 

2009. 

Effective Date: As set out in Annex I 

to this notice, the removal of duties on 

items deleted from the product list 

under the January 15 modifications 

shall be effective with respect to 

products that are entered, or withdrawn 

from warehouse, for consumption on or 

after March 23, 2009. As set out in 

Annex II to this notice, the additional 

duties under the January 15 

modifications shall be effective with 

respect to products that are entered, or 

withdrawn from warehouse, for 

consumption on or after April 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Roger Wentzel, Director, Agricultural 

Affairs, (202) 395–6127 or David 

Weiner, Director for the European 

Union, (202) 395–4620 for questions 

concerning the EC-Beef Hormones 

dispute; or William Busis, Associate 

General Counsel and Chair of the 

Section 301 Committee, (202) 395–3150, 

for questions concerning procedures 

under Section 301. 

SUPPLEMENTARY INFORMATION: For 

background concerning the EC-Beef 

Hormones WTO dispute and the January 

15 modifications, see 74 FR 4265 (Jan. 

23, 2009). 

In the January 15 modifications, the 

Trade Representative decided: (1) To 

remove some products from the list of 

products currently subject to 100 

percent ad valorem duties; (2) to impose 

100 percent ad valorem duties on some 

new products from certain EC member 

States; (3) to modify the coverage with 

respect to particular EC member States; 

and (4) to raise the level of duties on 

one of the products that is being 

maintained on the product list. 

Pursuant to Section 305 of the Trade 

Act of 1974, the Trade Representative 


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11614 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

has determined that a one-month delay 

(until April 23, 2009) in implementation 

of certain elements of the January 15 

modifications would be desirable to 

obtain a satisfactory solution with 

respect to the EC’s ban on U.S. beef. The 

elements to be delayed are: (i) The 

imposition of increased duties on 

additional products, (ii) the application 

to products of additional EC member 

States of the increased duties on 

currently covered products, and (iii) the 

increase in the level of duties on one of 

the products that is being maintained on 

the product list. The Trade 

Representative has not delayed the 

March 23, 2009 effective date of the 

removal of duties under the January 15 

modifications. 

As set out in Annex I to this notice, 

the removal of duties on items deleted 

from the product list under the January 

15 modifications shall be effective with 

respect to products that are entered, or 

withdrawn from warehouse, for 

consumption on or after March 23, 

2009. Any merchandise covered under 

Part D of Annex I that is admitted to a 

U.S. foreign-trade zone on or after 

March 23, 2009 must be admitted in 

‘‘privileged foreign status’’as defined in 

19 CFR 146.41. As set out in Annex II 

to this notice, the full January 15 

modifications, including the additional 

duties under those modifications, shall 

be effective with respect to products 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

April 23, 2009. Any merchandise 

covered under Part B of Annex II that 

is admitted to a U.S. foreign-trade zone 

on or after April 23, 2009 must be 

admitted in ‘‘privileged foreign status’’ 

as defined in 19 CFR 146.41. Questions 

concerning customs matters may be 

directed to Renee Chovanec, 

International Coordination, Office of 

International Trade, U.S. Customs and 

Border Protection, 202–863–6384. 

The Annexes to this notice supercede 

and replace in full the Annex to the 

earlier notice published at 74 FR 4265 

(Jan. 23, 2009), which initially put in 

place the January 15 modifications. 

William Busis, 

Chair, Section 301 Committee. 

Annex I 

A. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after March 23, 

2009, subchapter III of chapter 99 of the 

Harmonized Tariff Schedule of the 

United States (HTS) is modified by 

deleting the following HTS 

subheadings: 9903.02.31, 9903.02.33, 

9903.02.35, 9903.02.36, 9903.02.37, 

9903.02.38, and 9903.02.47. 

B. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after March 23, 

2009, subchapter III of chapter 99 of the 

Harmonized Tariff Schedule of the 

United States (HTS) is modified by 

deleting HTS subheading 9903.02.39 

and the superior text thereto. 

C. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after March 23, 

2009, subchapter III of chapter 99 of the 

Harmonized Tariff Schedule of the 

United States (HTS) is modified by 

deleting HTS subheadings 9903.02.40, 

9903.02.41, and 9903.02.42 and the 

superior text thereto. 

D. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after March 23, 

2009, the Harmonized Tariff Schedule 

of the United States (HTS) is modified 

by adding in numerical sequence the 

following superior text and subheading 

to subchapter III of chapter 99 to the 

HTS. The superior text and subheading 

are set forth in columnar format, and 

material in such columns is inserted in 

the columns of the HTS designated 

‘‘Heading/Subheading’’, ‘‘Article 

Description’’, and ‘‘Rates of Duty 1– 

General’’, respectively: 

9903.02.83 ........ ‘‘Articles the product of Austria or France: 

Juice of any other single fruit, not elsewhere specified or included, not fortified with vitamins or minerals, 

unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for in subheading 2009.80.60).

100%’’ 

Annex II 

A. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after April 23, 

2009, subchapter III of chapter 99 of the 

Harmonized Tariff Schedule of the 

United States (HTS) is modified by 

deleting the following HTS subheadings 

and the superior text thereto: 

9903.02.21, 9903.02.22, 9903.02.23, 

9903.02.24, 9903.02.25, 9903.02.26, 

9903.02.27, 9903.02.28, 9903.02.29, 

9903.02.30, 9903.02.32, 9903.02.34, 

9903.02.43, 9903.02.44, 9903.02.45, 

9903.02.46, and 9903.02.83. 

B. Effective with respect to articles 

entered, or withdrawn from warehouse 

for consumption, on or after April 23, 

2009, the Harmonized Tariff Schedule 

of the United States (HTS) is modified 

by adding in numerical sequence the 

following superior text and subheadings 

to subchapter III of chapter 99 to the 

HTS. The superior text and subheadings 

are set forth in columnar format, and 

material in such columns is inserted in 

the columns of the HTS designated 

‘‘Heading/Subheading’’, ‘‘Article 

Description’’, and ‘‘Rates of Duty 1— 

General’’, respectively: 

‘‘Articles the product of Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, 

Poland, Portugal, Romania, Slovakia, Slovenia, Spain or Sweden: 

9903.02.48 ........ Meat of bovine animals, fresh or chilled (provided for in heading 0201): 

Articles of subheading 0201.10.05, 0201.10.10, 0201.20.02, 0201.20.04, 0201.20.06, 0201.20.10, 

0201.20.30, 0201.20.50, 0201.30.02, 0201.30.04, 0201.30.06, 0201.30.10, 0201.30.30 or 0201.30.50.

100% 

9903.02.49 ........ Articles of subheading 0201.10.50, 0201.20.80 or 0201.30.80 .................................................................... 100% 

9903.02.50 ........ Meat of bovine animals, frozen (provided for in heading 0202): 

Articles of subheading 0202.10.05, 0202.10.10, 0202.20.02, 0202.20.04, 0202.20.06, 0202.20.10, 

0202.20.30, 0202.20.50, 0202.30.02, 0202.30.04, 0202.30.06, 0202.30.10, 0202.30.30 or 0202.30.50.

100% 

9903.02.51 ........ Articles of subheading 0202.10.50, 0202.20.80 or 0202.30.80 .................................................................... 100% 

9903.02.52 ........ Meat of swine, fresh or chilled (provided for in subheading 0203.11, 0203.12 or 0203.19) ............................... 100% 

9903.02.53 ........ Carcasses and half-carcasses of swine, frozen (provided for in subheading 0203.21) ...................................... 100% 

9903.02.54 ........ Hams, shoulders, and cuts thereof, with bone in, of swine, frozen (provided for in subheading 0203.22) ........ 100% 

9903.02.55 ........ Processed meat of swine, frozen, other than carcasses and half-carcasses of swine and other than hams, 

shoulders, and cuts thereof, with bone in (provided for in subheading 0203.29.20).

100% 

9903.02.56 ........ Edible offal of bovine animals, fresh or chilled (provided for in subheading 0206.10) ........................................ 100% 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11615 

9903.02.57 ........ Edible offal of bovine animals, frozen (provided for in subheading 0206.21, 0206.22 or 0206.29) .................... 100% 

9903.02.58 ........ Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen (provided for in heading 0207) 100% 

9903.02.59 ........ Hams, shoulders, and cuts thereof, with bone in, of swine, salted, in brine, dried or smoked (provided for in

subheading 0210.11).

100% 

9903.02.60 ........ Meat of bovine animals, salted, in brine, dried or smoked (provided for in subheading 0210.20) ..................... 100% 

9903.02.61 ........ Meat of poultry of heading 0105, salted, in brine, dried or smoked (provided for in subheading 0210.99.20) .. 100% 

9903.02.62 ........ Roquefort cheese (provided for in subheading 0406.40.20 and 0406.40.40) ..................................................... 300% 

9903.02.63 ........ Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, being goods of a 

kind suitable for bouquets or for ornamental purposes, fresh, dried or bleached (provided for in subheading 0604.91 or 0604.99.30).

100% 

9903.02.64 ........ Truffles, fresh or chilled (provided for in subheading 0709.59.10) ...................................................................... 100% 

9903.02.65 ........ Rolled or flaked grains of oats (provided for in subheading 1104.12) ................................................................. 100% 

9903.02.66 ........ Grains of oats, hulled, pearled, sliced, kibbled or otherwise worked, not elsewhere specified or included (provided for in subheading 1104.22).100% 

9903.02.67 ........ Sausages and similar products of beef, and food preparations based on these products, in airtight containers (provided for in subheading 1601.00.40).100% 

9903.02.68 ........ Other prepared or preserved meat, meat offal or blood, of liver of any animal (provided for in subheading 

1602.20).

100% 

9903.02.69 ........ Other prepared or preserved meat, meat offal or blood, of poultry of heading 0105 (provided for in subheading 1602.31, 1602.32, 1602.39).100% 

9903.02.70 ........ Other prepared or preserved meat, meat offal or blood, of bovine animals (provided for in subheading 

1602.50).

100% 

9903.02.71 ........ Chewing gum, whether or not sugar-coated, not containing cocoa (provided for in subheading 1704.10) ........ 100% 

9903.02.72 ........ Chocolate and other food preparations containing cocoa, in blocks, slabs or bars, filled, weighing 2 kg or 

less each (provided for in subheading 1806.31).

100% 

9903.02.73 ........ Lingonberry and raspberry jams (provided for in subheading 2007.99.05) ......................................................... 100% 

9903.02.74 ........ Pears, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter 

or spirit, not elsewhere specified or included (provided for in subheading 2008.40).

100% 

9903.02.75 ........ Peaches, excluding nectarines, otherwise prepared or preserved, whether or not containing added sugar or 

other sweetening matter or spirit, not elsewhere specified or included (provided for in subheading 

2008.70.20).

100% 

9903.02.76 ........ Articles the product of Finland, France, Ireland, the Netherlands or Sweden: 

Meat of swine, frozen, not processed, other than carcasses and half-carcasses of swine and other than 

hams, shoulders, and cuts thereof, with bone in (provided for in subheading 0203.29.40).

100% 

9903.02.77 ........ Articles the product of France: 

Chestnuts (Castanea spp.), fresh or dried, whether or not shelled or peeled (provided for in subheading 

0802.40).

100% 

9903.02.78 ........ Wool grease (other than crude wool grease) and fatty substances derived from wool grease (including 

lanolin) (provided for in subheading 1505.00.90).

100% 

9903.02.79 ........ Articles the product of Austria, Cyprus, France or Poland: 

Grape juice (including grape must), not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for 

in subheading 2009.61 or 2009.69).

100% 

9903.02.80 ........ Juice of any other single fruit, not elsewhere specified or included, not fortified with vitamins or minerals, 

unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for in subheading 2009.80.60).

100% 

9903.02.81 ........ Mixtures of juices, other than mixtures of vegetable juices, not fortified with vitamins or minerals, 

unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for in subheading 2009.90.40).

100% 

9903.02.82 ........ Articles the product of Italy: 

Mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored 

(provided for in subheading 2201.10).

100%’’ 

[FR Doc. E9–5933 Filed 3–17–09; 8:45 am] 

BILLING CODE 3190–W9–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS383] 

WTO Dispute Settlement Proceeding 

Regarding United States— 

Antidumping Measures on 

Polyethylene Retail Carrier Bags From 

Thailand 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice; request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on March 9, 2009, 

Thailand requested the establishment of 

a panel under the Marrakesh Agreement 

Establishing the World Trade 

Organization (‘‘WTO Agreement’’) 

concerning certain issues relating to the 

imposition by the United States of 

antidumping measures on polyethylene 

retail carrier bags from Thailand. That 

request may be found at http:// 

www.wto.org contained in a document 

designated as WT/DS383/2. USTR 

invites written comments from the 

public concerning the issues raised in 

this dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute, comments should be 

submitted on or before May 30, 2009 to 

be assured of timely consideration by 

USTR. 

ADDRESSES: Comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2008–0043. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 295–9483 to 

arrange for an alternative method of 

transmission. If (as explained below) the 

comment contains confidential 

information, then the comment should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 


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