11612 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

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), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it 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 its 

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, any 

others who wish to participate in the 

proceeding (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 EFiling system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, 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 by (1) 

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) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, MD 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 deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

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 excluded pursuant to an order of 

the Commission, an 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 phone 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 works. 

If a person other than (the Licensee) 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Order and shall address the 

criteria set forth in 10 CFR 2.309(d) and 

(f). 

If the hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date of this Order without 

further order or proceedings. If an 

extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. A 

request for hearing shall not stay the 

immediate effectiveness of this order. 

For The Nuclear Regulatory Commission. 

Dated this the 10th day of March 2009. 

Marc L. Dapas, 

Deputy Regional Administrator. 

[FR Doc. E9–5812 Filed 3–17–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–271; NRC–2009–0121] 

Entergy Nuclear Operations, Inc., 

Vermont Yankee Nuclear Power 

Station; Environmental Assessment 

and Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of a revision of an existing 

exemption from Title 10 of the Code of 

Federal Regulations (10 CFR) part 50, 

Appendix R, ‘‘Fire Protection Program 

of Nuclear Power Facilities Operating 

Prior to January 1, 1979,’’ for Automatic 

Fire Suppression, Separation, and 

Repairs, issued to Entergy Nuclear 

Operations, Inc. (the licensee), for 

operation of Vermont Yankee Nuclear 

Power Station (VY), located in 

Windham County, Vermont. 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 revise the 

exemption from the provisions of 10 

CFR part 50, Appendix R, Section III.G.2 

(III.G.2), dated December 1, 1986, which 

in part permitted a reduction in 

minimum separation distance between 

cable trays in the northwest corner of 

Fire Zone RB–3 of the reactor building 

to 18 feet. VY has requested a revision 

of the existing exemption to permit the 

actual minimum separation distance of 

17 feet-7.5 inches. 

The proposed action is in accordance 

with the licensee’s application dated 

July 11, 2008, as supplemented by letter 

dated November 20, 2008. 

The Need for the Proposed Action 

The proposed revision of an existing 

exemption from 10 CFR part 50, 

Appendix R, is needed to permit a 

reduction in minimum separation 

distance between cable trays from 18 

feet to 17 feet-7.5 inches. VY has 

performed a Fire Protection evaluation, 

using NRC Generic Letter 86–10, 

‘‘Implementation of Fire Protection 

Requirements,’’ and concluded that 


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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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