Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45251 

requires that when restraining devices 

and barriers are removed from service 

because they are defective, they shall 

not be returned to service until they are 

repaired and reinspected. If the repair is 

structural, the manufacturer or a 

Registered Professional Engineer must 

certify that the strength requirements 

specified in (d)(3)(i) of the Standard 

have been met. 

The certification records are used to 

assure that equipment has been properly 

repaired. The certification records also 

provide the most efficient means for 

OSHA compliance officers to determine 

that an employer is complying with the 

Standard. 

Marking or tagging of wheel 

components (1910.177(e)(2)). This 

paragraph requires that defective wheels 

and wheel components ‘‘be marked or 

tagged unserviceable and removed from 

the service area.’’ Under this 

requirement, OSHA is providing 

employers with sufficient information 

from which they can derive the wording 

to use in marking the object or 

constructing a tag. Therefore, this 

provision imposes no paperwork burden 

because it falls within the portion of 5 

CFR 1320(c)(2) that states, ‘‘The public 

disclosure of information originally 

supplied by the Federal government to 

the recipient for the purpose of 

disclosure to the public is not included 

within this definition [of ‘collection of 

information’]’’. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection 

and transmission techniques. 

III. Proposed Actions 

OSHA is requesting that OMB extend 

its approval of the information 

collection requirements contained in the 

Standard on Servicing Multi-Piece and 

Single Piece Rim Wheels (29 CFR 

1910.177). OSHA is proposing to retain 

its current burden hour estimate of one 

(1) hour. The Agency will summarize 

the comments submitted in response to 

this notice and will include this 

summary in the request to OMB. 

Type of Review: Extension of a 

currently approved collection. 

Title: Servicing Multi-Piece and 

Single Piece Rim Wheels (29 CFR 

1910.177). 

OMB Number: 1218–0219. 

Affected Public: Business or other forprofits; Not-for-profit organizations; 

Federal Government; State, Local, or 

Tribal Government. 

Number of Respondents: 80. 

Frequency of Response: On occasion. 

Average Time per Response: Three (3) 

minutes (.05 hour) to maintain a 

certificate verifying proper repair of a 

restraining device or barrier and to 

disclose to an OSHA Compliance 

Officer. 

Estimated Total Burden Hours: 1. 

Estimated Cost (Operation and 

Maintenance): $0. 

IV. Public Participation—Submission of 

Comments on This Notice and Internet 

Access to Comments and Submissions 

You may submit comments in 

response to this document as follows: 

(1) Electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (FAX); or (3) by hard copy. All 

comments, attachments, and other 

material must identify the Agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2008–0025). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or facsimile submission, you 

must submit them to the OSHA Docket 

Office (see the section of this notice 

titled ADDRESSES). The additional 

materials must clearly identify your 

electronic comments by your name, 

date, and the docket number so the 

Agency can attach them to your 

comments. 

Because of security procedures, the 

use of regular mail may cause a 

significant delay in the receipt of 

comments. For information about 

security procedures concerning the 

delivery of materials by hand, express 

delivery, messenger, or courier service, 

please contact the OSHA Docket Office 

at (202) 693–2350 (TTY (877) 889–

5627). 

Comments and submissions are 

posted without change at http: // 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as Social 

Security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

Edwin G. Foulke, Jr., Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 5–2007 (72 FR 31159). 

Signed at Washington, DC, this 29th day of 

July 2008. 

Edwin G. Foulke, Jr. 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–17753 Filed 8–1–08; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS) Subcommittee 

Meeting on Planning and Procedures; 

Notice of Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

September 3, 2008, Room T–2B1, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

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

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, September 3, 2008, 8 a.m. 

until 9:30 a.m. 

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 


pwalker on PROD1PC71 with NOTICES
45252 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Officer, Mr. Sam Duraiswamy 

(telephone: 301–415–7364) between 

7:30 a.m. and 4 p.m. (ET) five 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 September 26, 2007 (72 FR 54695). 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Officer between 

7:30 a.m. and 4 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 in the agenda. 

Dated: July 28, 2008. 

Cayetano Santos, 

Branch Chief, ACRS. 

[FR Doc. E8–17794 Filed 8–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–255 and 72–7] 

In the Matter of Entergy Nuclear 

Operations, Inc.; Entergy Nuclear 

Palisades, LLC (Palisades Nuclear 

Plant); Order Approving Indirect 

Transfer of Facility Operating License 

I 

Entergy Nuclear Operations, Inc. 

(ENO) and Entergy Nuclear Palisades, 

LLC (EN-Palisades) are co-holders of the 

Renewed Facility Operating License, 

No. DPR–20, which authorizes the 

possession, use, and operation of the 

Palisades Nuclear Plant (Palisades). 

Palisades is a pressurized water nuclear 

reactor that is owned by EN-Palisades 

and operated by ENO. The facility is 

located in Van Buren County, Michigan. 

II 

By application dated July 30, 2007, as 

supplemented by letters dated October 

31, and December 5, 2007, and January 

24, March 17, April 22, and May 2, 

2008, ENO, acting on behalf of itself and 

EN-Palisades, requested that the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission), pursuant to Section 

50.80 of Title 10 of the Code of Federal 

Regulations (10 CFR), consent to the 

proposed indirect transfer of control of 

the Palisades license, including the 

general license for the independent 

spent fuel storage installation. 

EN-Palisades is currently a direct 

wholly-owned subsidiary of Entergy 

Nuclear Midwest Investment Company, 

LLC which, in turn, is a direct whollyowned subsidiary of Entergy Nuclear 

Holding Company which, in turn, is a 

direct wholly-owned subsidiary of 

Entergy Corporation. Therefore, under 

the current corporate structure, Entergy 

Corporation is the indirect owner of 100 

percent of EN-Palisades. 

Under the proposed corporate 

restructuring, a new holding company, 

Enexus Energy Corporation (Enexus), 

will be created. Initially, the 

shareholders of Entergy Corporation 

will separately own the shares of 

Enexus and, as such, Enexus will be 

owned by the public. Entergy Nuclear 

Holding Company will become a direct 

wholly-owned subsidiary of Enexus. 

Accordingly, following the corporate 

restructuring, Enexus will acquire 

indirect control of 100 percent of ENPalisades. 

ENO, the operator of the Palisades 

facility, is currently a direct whollyowned subsidiary of Entergy Nuclear 

Holding Company #2 which, in turn, is 

a direct wholly-owned subsidiary of 

Entergy Corporation. Therefore, Entergy 

Corporation is currently the indirect 

owner of 100 percent of ENO. 

Under the proposed corporate 

restructuring, Entergy Nuclear Holding 

Company #2 will be eliminated and 

ENO will become a direct subsidiary of 

a new parent company called EquaGen 

LLC. EquaGen LLC will be owned in 

equal shares by two new intermediate 

holding companies as follows. Entergy 

EquaGen, Inc. is being created as a 

direct subsidiary of Entergy Corporation 

and will own 50 percent of EquaGen 

LLC. Similarly, Enexus EquaGen, LLC is 

being created as a direct subsidiary of 

Enexus and will also own 50 percent of 

EquaGen LLC. Accordingly, following 

the corporate restructuring, Entergy 

Corporation and Enexus will each have 

indirect control of 50 percent of ENO. 

Finally, ENO will be converted from 

a corporation to a limited liability 

company and its name will be changed 

from Entergy Nuclear Operations, Inc. to 

EquaGen Nuclear LLC. Under Delaware 

law, EquaGen Nuclear LLC will assume 

all of the rights and responsibilities of 

ENO, and it will be the same company 

(legal entity) both before and after the 

conversion and name change. Also, ENPalisades will undergo a name change to 

become Enexus Nuclear Palisades, LLC. 

The staff understands that ENO will 

request an administrative license 

amendment to conform the Palisades 

license in the near future. 

Notice of the request for approval and 

an opportunity for a hearing was 

published in the Federal Register on 

January 16, 2008 (73 FR 2948). By 

petition dated February 5, 2008, Locals 

369 and 590, Utility Workers Union of 

America (UWUA), American Federation 

of Labor-Congress of Industrial 

Organization, representing plant 

workers at the Pilgrim Nuclear Power 

Station located in Plymouth, 

Massachusetts, responded to the 

Federal Register notice and requested a 

hearing and leave to intervene as a party 

in the Palisades proceeding. On June 12, 

2008, Local 369 filed a notice of 

withdrawal of its petition to intervene. 

The notice of withdrawal did not apply 

to Local 590. 

The request for a hearing is currently 

pending before the Commission. 

Pursuant to 10 CFR 2.1316, during the 

pendency of a hearing, the staff is 

expected to promptly proceed with the 

approval or denial of license transfer 

requests consistent with the staff’s 

findings in its safety evaluation. Notice 

of the staff’s action shall be promptly 

transmitted to the presiding officer and 

parties to the proceeding. Commission 

action on the pending hearing requests 

is being handled independently of this 

action. 

Pursuant to 10 CFR 50.80(a), no 

license, or any right thereunder, shall be 

transferred, directly or indirectly, 

through transfer of control of the 

license, unless the Commission shall 

give its consent in writing. Upon review 

of the information in the application as 

supplemented and other information 

before the Commission, and relying 

upon the representations and 

agreements in the application as 

supplemented, the NRC staff concludes 

that the proposed indirect transfer of 

control of the license held by ENPalisades to Enexus, as described 

herein, will not affect the qualifications 

of EN-Palisades as holder of the 

Palisades license. The indirect transfer 

of control of the license is otherwise 

consistent with applicable provisions of 

law, regulations, and orders issued by 

the NRC. Furthermore, the NRC staff 

concludes that the proposed corporate 

restructuring involving new 

intermediate and ultimate parent 

companies over ENO, as described 

herein, will not affect the qualifications 

of ENO as holder of the Palisades 

license. The indirect transfer of control 

of the license as held by ENO, to the 

extent affected by the proposed 

restructuring, is otherwise consistent 

with applicable provisions of law, 

regulations, and orders issued by the 

Commission. 


pwalker on PROD1PC71 with NOTICES