Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 11775 

population group, the annual dose 

equivalent received from the proposed 

action would be less than 0.01 

millisievert (1 millirem). The NRC staff 

conducted an independent technical 

review of this estimate and concluded 

that the Licensee’s dose estimate was 

technically sound. This dose is far 

below the dose limits established in 10 

CFR part 20 for occupational workers 

and members of the public and is 

considered to be as low as is reasonably 

achievable. 

The risk to human health from the 

transportation of radioactive material in 

the U.S. was evaluated in NUREG–0586, 

‘‘Generic Environmental Impact 

Statement on Decommissioning of 

Nuclear Facilities.’’ As evaluated there, 

the impacts associated with rail 

transport of decommissioning wastes 

are not detectable, and the potential 

impacts are small. The NRC staff finds 

that the transportation impacts of the 

proposed action are bounded by those 

evaluated in NUREG–0586, and that the 

proposed action poses no danger to 

public heath and safety. The NRC staff 

finds that the proposed action will 

result in minimal risk to workers and 

the public. The NRC has identified no 

other radiological or non-radiological 

activities connected with the proposed 

action that would result in cumulative 

environmental impacts, and concludes 

that the proposed action will not have 

a significant effect on the quality of the 

human environment. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

The only alternative to the proposed 

soil disposal action is no action. This no 

action alternative is unacceptable 

because it conflicts with 10 CFR 

30.36(d) which requires that 

decommissioning of byproduct material 

facilities be completed and approved by 

the NRC after license activities at a site 

cease. The no action alternative would 

keep radioactive material on site and 

halt the remediation activities 

associated with cleanup of the Beltsville 

Agricultural Research Center waste 

burial site. 

Conclusion 

The NRC staff has concluded that the 

proposed action is consistent with NRC 

guidance and regulations. Because the 

proposed action will not significantly 

impact the quality of the human 

environment, the NRC staff concludes 

that the proposed action is the preferred 

alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the Idaho 

Department of Environmental Quality 

and the Maryland Radiological Health 

Program for review on October 1, 2008. 

On October 6, 2008, the Idaho 

Department of Environmental Quality 

responded by electronic mail. The State 

of Idaho agreed with the conclusions of 

the EA, and otherwise had no 

comments. On November 10, 2008, the 

Maryland Radiological Health Program 

responded by electronic mail. The State 

of Maryland agreed with the 

conclusions of the EA, and otherwise 

had no comments. 

The NRC staff has determined that the 

proposed action of authorizing disposal 

of material meeting the waste 

acceptance criteria of an existing 

approved RCRA hazardous waste 

disposal facility is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. Title 10 Code of Federal 

Regulations, part 20, ‘‘Standards for 

Protection Against Radiation;’’ 

2. Title 10, Code of Federal 

Regulations, part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ 

3. Title 10, Code of Federal 

Regulation, part 30, ‘‘Rules of General 

Applicability to Domestic Licensing of 

Byproduct Material;’’ and 

4. Letter dated October 5, 2007 from 

USDA to NRC [ML073110166] 

5. Letter dated August 25, 2008 from 

USEI to NRC [ML082480279] 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. These documents 

may also be viewed electronically on 

the public computers located at the 

NRC’s PDR, O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at King of Prussia, Pennsylvania this 

12th day of March, 2009. 

For The Nuclear Regulatory Commission. 

Randolph C. Ragland, Jr., 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region 1. 

[FR Doc. E9–6000 Filed 3–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Excepted Service 

AGENCY: U.S. Office of Personnel 

Management (OPM). 

ACTION: Notice. 

SUMMARY: This gives notice of OPM 

decisions granting authority to make 

appointments under Schedules A, B, 

and C in the excepted service as 

required by 5 CFR 6.6 and 213.103. 

FOR FURTHER INFORMATION CONTACT: 

Glenda Haendschke, Acting Group 

Manager, Executive Resources Services 

Group, Center for Human Resources, 

Division for Human Capital Leadership 

and Merit System Accountability, 202– 

606–2246. 

SUPPLEMENTARY INFORMATION: Appearing 

in the listing below are the individual 

authorities established under Schedules 

A, B, and C between January 1, 2009, 

and January 31, 2009. Future notices 

will be published on the fourth Tuesday 

of each month, or as soon as possible 

thereafter. A consolidated listing of all 

authorities as of September 30 is 

published each year. The following 

Schedules are not codified in the Code 

of Federal Regulations. These are agency 

specific exceptions. 

Schedule A 

Schedule A authorities in the month 

of January 2009. 


sroberts on PROD1PC70 with NOTICES
11776 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

Section 213.3113. The authority is 

amended to read: 

Section 213.3113 U.S. Department of 

Agriculture 

(f)(2) Positions of Agricultural 

Commodity Graders, Agricultural 

Commodity Technicians, and 

Agricultural Commodity Aides at grades 

GS–11 and below in the cotton, raisin, 

peanut, and processed and fresh fruit 

and vegetable commodities and the 

following positions in support of these 

commodities: Clerks, Office Automation 

Clerks, and Computer Clerks and 

Operators at GS–5 and below; ClerkTypists at grades GS–4 and below; and, 

under the Federal Wage System, High 

Volume Instrumentation (HVI) 

Operators and HVI Operator Leaders at 

WG/WL–2 and below, respectively, 

Instrument Mechanics/Workers/Helpers 

at WG–10 and below, and Laborers. 

Employment under this authority may 

not exceed 180 days in a service year. 

In unforeseen situations such as bad 

weather or crop conditions, 

unanticipated plant demands, or 

increased imports, employees may work 

up to 240 days in a service year. Cotton 

Agricultural Commodity Graders, GS–5, 

may be employed as trainees for the first 

appointment for an initial period of 6 

months for training without regard to 

the service year limitation. 

Section 213.3106. The authority is 

amended to read: 

213.3106 Department of Defense 

(b)(10) ‘‘Temporary or time-limited 

positions in direct support of U.S. 

Government efforts to rebuild and create 

an independent, free, and secure Iraq 

and Afghanistan, when no other 

appropriate appointing authority 

applies. Positions will generally be 

located in Iraq or Afghanistan, but may 

be in other locations, including the 

United States, when directly supporting 

operations in Iraq or in Afghanistan. No 

new appointments may be made under 

this authority after October 1, 2012.’’ 

Schedule B 

No Schedule B appointments were 

approved for January 2009. 

Schedule C 

The following Schedule C 

appointments were approved during 

January 2009. 

Section 213.3318 Environmental 

Protection Agency 

EPGS09005 Special Assistant to the 

Associate Administrator for Policy, 

Economics and Innovation. Effective 

January 30, 2009. 

Section 213.3343 Farm Credit 

Administration 

FLOT00080 Executive Assistant to 

Member, Farm Credit Administration 

Board. Effective January 13, 2009. 

Section 213.3344 Occupational Safety 

and Health Review Commission 

SHGS90002 Confidential Assistant to 

the Commission Member (Chairman). 

Effective January 14, 2009. 

Section 213.3382 National Endowment 

for the Arts 

NAGS00062 Counselor to the 

Chairman, National Endowment for the 

Arts. Effective January 22, 2009. 

Authority: 5 U.S.C. 3301 and 3302; E.O. 

10577, 3 CFR 1954–1958 Comp., p. 218. 

Kathie Ann Whipple, 

Acting Director, U.S. Office of Personnel 

Management. 

[FR Doc. E9–5982 Filed 3–18–09; 8:45 am] 

BILLING CODE 6325–39–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–28646; File No. 812–13600] 

ING USA Annuity and Life Insurance 

Company, et al. 

March 13, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’). 

ACTION: Notice of Application for an 

Order Pursuant to Section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’). 

APPLICANTS: ING USA Annuity and Life 

Insurance Company (ING USA) (the 

‘‘Life Company’’), Separate Account B of 

ING USA Annuity and Life Insurance 

Company (the ‘‘Account’’), and Directed 

Services LLC (DSL) (collectively, the 

‘‘Applicants’’). 

SUMMARY OF THE APPLICATION: The 

Applicants hereby request the 

Commission to issue an order pursuant 

to Section 6(c) of the Act to exempt 

them from the provisions of Sections 

2(a)(32) and 27(i)(2)(A) of the Act and 

Rule 22c–1 thereunder to the extent 

necessary to permit recapture of certain 

bonuses applied to purchase payments 

with respect to (1) the deferred variable 

annuity contracts, including data pages, 

riders and endorsements, described 

herein that the Life Company intends to 

issue (the ‘‘Current Contracts’’), (2) the 

deferred variable annuity contracts, 

including data pages, riders and 

endorsements, substantially similar to 

the Current Contracts that the Life 

Company may issue in the future (the 

‘‘Future Contracts’’) (Current Contracts 

and Future Contracts referred to 

collectively as the ‘‘Contracts’’), (3) any 

other separate accounts of the Life 

Company and its successors in interest 

(‘‘Future Accounts’’) that support the 

Contracts, and (4) any Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) member broker-dealers 

controlling, controlled by, or under 

common control with any Applicant, 

whether existing or created in the 

future, that in the future, may act as 

principle underwriter for the Contracts 

(‘‘Future Underwriters’’). The 

circumstances under which the 

Contracts would allow the recapture of 

all or a portion of certain bonus credits 

(previously applied to premium 

payments) are where the bonus credits 

were applied and (1) the contract owner 

exercises his or her ‘‘free look’’ right, (2) 

in the event of the contract owner’s 

death within 12 months of the bonus 

credit being applied and any bonus 

credit applied after the contract owner’s 

death (unless the deceased contract 

owner’s spouse chooses to continue the 

Contract), or (3) upon a surrender or 

withdrawal where the surrender charge 

is waived due to the contract owner’s 

receipt of qualified extended medical 

care, or the owner is diagnosed with a 

qualifying terminal illness, as defined in 

the Contract, in which event the Life 

Company will recapture all bonus 

credits applied during the 12 months 

prior to receipt of such care or date of 

diagnosis, as applicable. 

FILING DATE: The application was 

originally filed on November 7, 2008; 

amended and restated applications were 

filed on March 6, 2009, and March 11, 

2009. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the Secretary of 

the Commission and serving the 

Applicants with a copy of the request, 

personally or by mail. Hearing requests 

must be received by the Commission by 

5:30 p.m. on April 3, 2009, and should 

be accompanied by proof of service on 

the Applicant in the form of an affidavit 

or, for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons may request notification of a 

hearing by writing to the Secretary of 

the Commission. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549. Applicant, 

c/o John S. (Scott) Kreighbaum, Esq., 


sroberts on PROD1PC70 with NOTICES