Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18263 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide (DG), titled, 

‘‘Fire Protection for Nuclear Power 

Plants,’’ is temporarily identified by its 

task number, DG–1214, which should be 

mentioned in all related 

correspondence. DG–1214 is proposed 

Revision 2 of Regulatory Guide 1.189. 

The primary objectives of fire 

protection programs (FPPs) at U.S. 

nuclear plants are to minimize both the 

probability of occurrence and the 

consequences of fire. To meet these 

objectives, the FPPs for operating 

nuclear power plants are designed to 

provide reasonable assurance, through 

defense in depth, that a fire will not 

prevent the necessary safe-shutdown 

functions from being performed and that 

radioactive releases to the environment 

in the event of a fire will be minimized. 

The regulatory framework that the 

NRC has established for nuclear plant 

FPPs consists of a number of regulations 

and supporting guidelines, including, 

but not limited to, Title 10 of the Code 

of Federal Regulations, Part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ (10 CFR Part 50), 

Appendix A, ‘‘General Design Criteria 

for Nuclear Power Plants,’’ General 

Design Criterion (GDC) 3, ‘‘Fire 

Protection;’’ 10 CFR 50.48, ‘‘Fire 

Protection;’’ Appendix R, ‘‘Fire 

Protection Program for Nuclear Power 

Facilities Operating Prior to January 1, 

1979,’’ to 10 CFR Part 50; regulatory 

guides; generic communications (e.g., 

generic letters [GLs], regulatory issue 

summaries [RISs], bulletins, and 

information notices [INs]); NUREGseries reports, including NUREG–0800, 

‘‘Standard Review Plan [SRP] for the 

Review of Safety Analysis Reports for 

Nuclear Power Plants;’’ and industry 

standards. Since not all of the fire 

protection regulations promulgated by 

the NRC apply to all plants, this guide 

does not categorize them as regulations. 

Licensees should refer to their plantspecific licensing bases to determine the 

applicability of a specific regulation to 

a specific plant. 

The NRC staff developed this guide to 

provide a comprehensive fire protection 

guidance document and to identify the 

scope and depth of fire protection that 

the staff would consider acceptable for 

nuclear power plants. The original issue 

of this guide addressed only plants 

operating as of January 1, 2001. Revision 

1 of the document added guidance for 

new reactor designs and incorporated 

the guidance previously included in 

Branch Technical Position (BTP) SPLB 

9.5–1, ‘‘Guidelines for Fire Protection 

for Nuclear Power Plants (formerly BTP 

CMEB 9.5–1).’’ DG–1214 incorporates 

guidance related to analysis of safeshutdown capabilities as found in 

regulatory position 5.3. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–1214. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–1214 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Personal information will not be 

removed from your comments. You may 

submit comments by any of the 

following methods: 

1. Mail comments to: Rulemaking, 

Directives, and Editing Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

2. E-mail comments to: 

nrcrep.resource@nrc.gov. 

Requests for technical information 

about DG–1214 may be directed to the 

NRC contact, Dan Frumkin at (301) 415– 

2280 or e-mail to Dan.Frumkin@nrc.gov. 

Comments would be most helpful if 

received by May 29, 2009. Comments 

received after that date will be 

considered if it is practical to do so, but 

the NRC is able to ensure consideration 

only for comments received on or before 

this date. Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1214 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML090070453. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at 11555 Rockville Pike, 

Rockville, Maryland. The PDR’s mailing 

address is USNRC PDR, Washington, DC 

20555–0001. The PDR can also be 

reached by telephone at (301) 415–4737 

or (800) 397–4205, by fax at (301) 415– 

3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 7th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–9099 Filed 4–20–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards 

In accordance with the purposes of 

Sections 29 and 182b of the Atomic 

Energy Act (42 U.S.C. 2039, 2232b), the 

Advisory Committee on Reactor 

Safeguards (ACRS) will hold a meeting 

on May 7–9, 2009, 11545 Rockville Pike, 

Rockville, Maryland. The date of this 

meeting was previously published in 

the Federal Register on Monday, 

October 6, 2008 (73 FR 58268–58269). 

Thursday, May 7, 2009, Conference 

Room T–2b3, Two White Flint North, 

Rockville, Maryland 

8:30 a.m.–8:35 a.m.: Opening 

Remarks by the ACRS Chairman 

(Open)—The ACRS Chairman will make 

opening remarks regarding the conduct 

of the meeting. 

8:35 a.m.–10:30 a.m.: Proposed Rule 

on Risk-Informed Changes to Loss-ofCoolant Accident Technical 

Requirements (Open)—The Committee 

will hear presentations by and hold 

discussions with representatives of the 

NRC staff regarding the proposed rule 

on a voluntary risk-informed alternative 

to the current requirements of 

emergency core cooling systems, and 

related matters. 

10:45 a.m.–12:15 p.m.: Proposed 

Resolution of Generic Safety Issue 

(GSI)–163, ‘‘Multiple Steam Generator 

Tube Leakage’’ (Open)—The Committee 

will hear presentations by and hold 

discussions with representatives of the 

NRC staff regarding the proposed 

resolution of GSI–163 regarding 

multiple steam generator tube leakage, 

and related matters. 

1:15 p.m.–2:45 p.m.: Draft Final 

Regulatory Guide 1.214, ‘‘Response 

Procedures for Potential or Actual 

Aircraft Attacks’’ (Open/Closed)—The 

Committee will hear presentations by 

and hold discussions with 

representatives of the NRC staff 

regarding the draft final Regulatory 

Guide 1.214 and related matters. [Note: 

mstockstill on PROD1PC66 with NOTICES

18264 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

A portion of this Session may be closed 

to protect security and safeguards 

information pursuant to 5 U.S.C. 

552b(c)(3).] 

3 p.m.–4:30 p.m.: Status and Update 

Concerning Revisions to the AP1000 

Design Control Document (Open)—The 

Committee will hear presentations by 

and hold discussions with 

representatives of the NRC staff on the 

current status of the activities associated 

with the revisions to the AP1000 Design 

Control Document and related matters. 

4:45 p.m.–5 p.m.: Subcommittee 

Report (Open)—The Committee will 

hear a report by and hold discussions 

with the Chairman of the Safety 

Research Program Subcommittee 

regarding several-seismic related issues 

that were discussed during the meeting 

on April 16–17, 2009. 

5 p.m.–7 p.m.: Preparation of ACRS 

Reports (Open/Closed)—The Committee 

will discuss proposed ACRS reports on 

matters discussed during this meeting. 

[Note: A portion of this Session may be 

closed to protect security and safeguards 

information pursuant to 5 U.S.C. 552b 

(c)(3).] 

Friday, May 8, 2009, Conference Room 

T–2b3, Two White Flint North, 

Rockville, Maryland 

8:30 a.m.–8:35 a.m.: Opening 

Remarks by the ACRS Chairman 

(Open)—The ACRS Chairman will make 

opening remarks regarding the conduct 

of the meeting. 

8:35 a.m.–10 a.m.: Preparation for 

Meeting with the Commission on June 4, 

2009 (Open)—The Committee will hear 

presentations by and hold discussions 

with representatives of the NRC staff 

regarding the following topics 

scheduled for the meeting with the 

Commission on June 4, 2009: 

Containment Overpressure Credit Issue, 

Pressurized Thermal Shock Rule, Digital 

Instrumentation and Control Matters, 

and Options to Revise NRC Regulations 

Based on the International Commission 

on Radiation Protection (ICRP) 

Recommendations/Progress on 

Recommendations of the Independent 

External Review Panel on Materials 

Licensing Program. 

10:15 a.m.–11:15 a.m.: Quality 

Assessment of Selected Research 

Projects (Open)—The Committee will 

hear reports by and hold discussions 

with the members of the ACRS Panels 

regarding the quality assessment of the 

NRC research projects on: NUREG– 

6964, ‘‘Crack Growth Rates and 

Metallographic Examinations of Alloy 

600 and Alloy 82/182 from Field and 

Laboratory Materials Testing in PWR 

Environments,’’ and Draft NUREG– 

xxxx, ‘‘Diversity Strategies for Nuclear 

Power Plant Instrumentation and 

Control Systems.’’ 

11:15 a.m.–12 p.m.: Future ACRS 

Activities/Report of the Planning and 

Procedures Subcommittee (Open/ 

Closed)—The Committee will discuss 

the recommendations of the Planning 

and Procedures Subcommittee regarding 

items proposed for consideration by the 

full Committee during future ACRS 

meetings and other matters related to 

the conduct of the ACRS business. 

[Note: A portion of this Session may 

be closed pursuant to 5 U.S.C. 

552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to internal personnel 

rules and practices of ACRS, and 

information the release of which would 

constitute a clearly unwarranted 

invasion of personal privacy.] 

12 p.m.–12:15 p.m.: Reconciliation of 

ACRS Comments and 

Recommendations (Open)—The 

Committee will discuss the responses 

from the NRC Executive Director for 

Operations to comments and 

recommendations included in recent 

ACRS reports and letters. 

1:15 p.m.–7:00 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will discuss proposed ACRS 

reports. [Note: A portion of this Session 

may be closed to protect security and 

safeguards information pursuant to 5 

U.S.C. 552b(c)(3).] 

Saturday, May 9, 2009, Conference 

Room T–2b3, Two White Flint North, 

Rockville, Maryland 

8:30 a.m.–12:30 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will continue its discussion 

of proposed ACRS reports. [Note: A 

portion of this Session may be closed to 

protect security and safeguards 

information pursuant to 5 U.S.C. 

552b(c)(3).] 

12:30 p.m.–1 p.m.: Miscellaneous 

(Open)—The Committee will discuss 

matters related to the conduct of 

Committee activities and specific issues 

that were not completed during 

previous meetings, as time and 

availability of information permit. 

Procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 6, 2008 (73 FR 58268–58269). 

In accordance with those procedures, 

oral or written views may be presented 

by members of the public, including 

representatives of the nuclear industry. 

Electronic recordings will be permitted 

only during the open portions of the 

meeting. Persons desiring to make oral 

statements should notify the Cognizant 

ACRS staff named below five days 

before the meeting, if possible, so that 

appropriate arrangements can be made 

to allow necessary time during the 

meeting for such statements. Use of still, 

motion picture, and television cameras 

during the meeting may be limited to 

selected portions of the meeting as 

determined by the Chairman. 

Information regarding the time to be set 

aside for this purpose may be obtained 

by contacting the Cognizant ACRS staff 

prior to the meeting. In view of the 

possibility that the schedule for ACRS 

meetings may be adjusted by the 

Chairman as necessary to facilitate the 

conduct of the meeting, persons 

planning to attend should check with 

the Cognizant ACRS staff if such 

rescheduling would result in major 

inconvenience. 

In accordance with Subsection 10(d) 

Public Law 92–463, I have determined 

that it may be necessary to close a 

portion of this meeting noted above to 

discuss security and safeguards 

information pursuant to 5 U.S.C. 

552b(c)(3) and organizational and 

personnel matters that relate solely to 

internal personnel rules and practices of 

ACRS, and information the release of 

which constitute a clearly unwarranted 

invasion of personal privacy pursuant to 

5 U.S.C. 552b(c)(2) and (6). 

Further information regarding topics 

to be discussed, whether the meeting 

has been canceled or rescheduled, as 

well as the Chairman’s ruling on 

requests for the opportunity to present 

oral statements and the time allotted 

therefor can be obtained by contacting 

Girija Shukla, Cognizant ACRS staff 

(301–415–6855), between 7:15 a.m. and 

5 p.m. (ET). ACRS meeting agenda, 

meeting transcripts, and letter reports 

are available through the NRC Public 

Document Room at 

pdr.resource@nrc.gov, or by calling the 

PDR at 1–800–397–4209, or from the 

Publicly Available Records System 

(PARS) component of NRC’s document 

system (ADAMS) which is accessible 

from the NRC Web site at http:// 

www.nrc.gov/reading-rm/adams.html or 

http://www.nrc.gov/reading-rm/doccollections/ACRS/. 

Video teleconferencing service is 

available for observing open sessions of 

ACRS meetings. Those wishing to use 

this service for observing ACRS 

meetings should contact Mr. Theron 

Brown, ACRS Audio Visual Technician 

(301–415–8066), between 7:30 a.m. and 

3:45 p.m., (ET), at least 10 days before 

the meeting to ensure the availability of 

this service. Individuals or 

organizations requesting this service 

will be responsible for telephone line 

charges and for providing the 

equipment and facilities that they use to 

establish the video teleconferencing 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18265 

1ProShares Trust, et al., Investment Company Act 

Release Nos. 27323 (May 18, 2006) (notice) and 

27394 (June 13, 2006) (order), amended by 

Investment Company Act Release Nos. 27609 (Dec. 

22, 2006) (notice) and 27666 (Jan. 18, 2007) (order) 

and further amended by Investment Company Act 

Release Nos. 27975 (Sep. 21, 2007) (notice) and 

28014 (Oct. 17, 2007) (order). 

link. The availability of video 

teleconferencing services is not 

guaranteed. 

Dated: April 15, 2009. 

Annette L. Vietti Cook, 

Secretary of the Commission. 

[FR Doc. E9–9101 Filed 4–20–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of April 20, 27, May 4, 11, 

18, 25, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of April 20, 2009 

Thursday, April 23, 2009 

2 p.m. Briefing on Radioactive 

Source Security (Public Meeting) 

(Contact: Kim Lukes, 301–415–6701). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of April 27, 2009—Tentative 

There are no meetings scheduled for 

the week of April 27, 2009. 

Week of May 4, 2009—Tentative 

There are no meetings scheduled for 

the week of May 4, 2009. 

Week of May 11, 2009—Tentative 

Thursday, May 14, 2009 

9 a.m. Briefing on the Results of the 

Agency Action Review Meeting (Public 

Meeting) (Contact: Shaun Anderson, 

301–415–2039). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of May 18, 2009—Tentative 

There are no meetings scheduled for 

the week of May 18, 2009. 

Week of May 25, 2009—Tentative 

Wednesday, May 27, 2009 

9:30 a.m. Briefing on External Safety 

Culture (Public Meeting) (Contact: 

Stewart Magruder, 301–415–8730). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Wednesday, May 27, 2009: 

1:30 p.m. Briefing on Internal Safety 

Culture (Public Meeting) (Contact: June 

Cai, 301–415–5192). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Thursday, May 28, 2009 

9:30 a.m. Briefing on Fire Protection 

Closure Plan (Public Meeting) (Contact: 

Alex Klein, 301–415–2822). 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

* * * * * 

*The schedule for Commission meetings is 

subject to change on short notice. To verify 

the status of meetings, call (recording)—(301) 

415–1292. Contact person for more 

information: Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: April 16, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–9196 Filed 4–17–09; 4:15 pm] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28696; 812–13400] 

ProShares Trust, et al.; Notice of 

Application 

April 14, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application to 

amend a prior order under section 6(c) 

of the Investment Company Act of 1940 

(‘‘Act’’) granting an exemption from 

sections 2(a)(32), 5(a)(1), 22(d) and 24(d) 

of the Act and rule 22c–1 under the Act, 

and under sections 6(c) and 17(b) of the 

Act for an exemption from sections 

17(a)(1) and 17(a)(2) of the Act. 

APPLICANTS: ProShares Trust (‘‘Trust’’) 

and ProShare Advisors LLC (‘‘Adviser’’). 

SUMMARY OF APPLICATION: Applicants 

request an order to amend a prior order 

that permits: (a) Series of an open–end 

management investment company 

(‘‘Initial Funds’’) to issue shares 

redeemable in large aggregations only 

(‘‘Creation Unit Aggregations’’); (b) 

secondary market transactions in the 

shares to occur at negotiated prices; (c) 

dealers to sell the shares to purchasers 

in the secondary market unaccompanied 

by a prospectus, when prospectus 

delivery is not required by the 

Securities Act of 1933 (‘‘Securities 

Act’’); and (d) certain affiliated persons 

of the Initial Funds to deposit securities 

into, and receive securities from, the 

Initial Funds in connection with the 

purchase and redemption of Creation 

Unit Aggregations (‘‘Prior Order’’).1

Applicants seek to amend the Prior 

Order to: (a) Provide greater operational 

flexibility to the Funds (defined below); 

(b) expand the category of Funds 

designed to correspond to the return of 

an Underlying Index (defined below) 

(‘‘Matching Funds’’) to include Funds 

that seek to match the performance of an 

Underlying Index primarily focused on 

United States equity securities that 

applies a strategy referred to as 130/30 

(‘‘130/30 Funds’’); (c) permit Funds that 

are based on foreign equity securities 

indices (‘‘Foreign Equity Funds’’) to pay 

redemption proceeds under certain 

circumstances more than seven days 

after the tender of a Creation Unit 

Aggregation for redemption, but in any 

event within a period not to exceed 14 

calendar days; (d) delete a condition 

related to future relief in the Prior Order 

and permit applicants to offer additional 

series using underlying securities 

indices (collectively, ‘‘Underlying 

Indices’’ or individually, ‘‘Underlying 

Index’’) different than those permitted 

under the Prior Order; (e) delete the 

relief granted in the Prior Order from 

section 24(d) of the Act and revise the 

applications on which the Prior Order 

was issued (‘‘Prior Applications’’) 

accordingly; and (f) amend the terms 

and conditions of the Prior Applications 

with respect to certain disclosure 

requirements. 

mstockstill on PROD1PC66 with NOTICES