55168 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/ 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 is available on NRC’s 

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

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

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. 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 

documents through EIE. To be timely, 

an electronic filing 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing 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 help line number is (800) 397–4209 

or locally, (301) 415–4737. 

Participants who believe that they 

have a 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, Maryland 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

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 submissions. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated July 

30, 2007, as supplemented by letters 

dated April 7 and September 8, 2008, 

which are available for public 

inspection at the Commission’s PDR, 

located at One White Flint North, File 

Public Area O1 F21, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

Agencywide Documents Access and 

Management System’s (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, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 17th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Richard V. Guzman, 

Senior Project Manager, Plant Licensing 

Branch I–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–22360 Filed 9–23–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–247 and 50–286, License 

Nos. DPR–26 and DPR–64] 

Entergy Nuclear Operations, Inc., 

Entergy Nuclear Indian Point 2, LLC, 

Entergy Nuclear Indian Point 3, LLC, 

Indian Point Nuclear Generating Unit 

Nos. 2 and 3 (IP2 and IP3); Receipt of 

Request for Action Under 10 CFR 2.206 

Notice is hereby given that by petition 

dated March 30, 2008, Mr. Sherwood 

Martinelli has requested that the NRC 

(1) ‘‘* * * suspend the license for IP2 

and IP3 reactors located in Buchanan, 

NY owned by Entergy until they are 

fully in compliance with all 10 CFR 

Rules and Regulations, as well as other 

local, state and federal laws and 

regulations, and have eliminated the 

environmental risks that have 

contributed to, and/or caused my wife’s 

breast cancer,’’ and (2) ‘‘* * * halt the 

License Renewal Process.’’ 

The request is being treated pursuant 

to 10 CFR 2.206 of the Commission’s 

regulations. The request has been 

referred to the Director of the Office of 

Nuclear Reactor Regulation (NRR). The 

Petitioner participated in a conference 

call with the NRR Petition Review 

Board (PRB) on August 14, 2008, to 

discuss the petition. The additional 

information provided by the Petitioner 

was considered by the PRB before 

making its final recommendation. By 

letter dated September 15th, 2008, the 

Director accepted for review, pursuant 

to 10 CFR 2.206, the Petitioner’s 

concerns regarding the licensee’s failure 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55169 

1See Exchange Act Release No. 58166 (July 15, 

2008). See also Exchange Act Release No. 58190 

(July 18, 2008) (‘‘Amended July Emergency Order’’). 

See also Exchange Act Release No. 58572 

(September 17, 2008). 

to implement the new emergency 

notification siren system in a timely 

manner. The Director also informed the 

Petitioner that the siren issues in this 

petition would be combined with the 

Petitioner’s earlier petition on the new 

siren system, dated September 28, 2007. 

The earlier petition was noticed in the 

Federal Register on February 25, 2008 

(73 FR 10068). The Director informed 

the Petitioner that his issues on 

groundwater contamination were 

considered by the NRC in response to an 

earlier petition by the Petitioner. A 

Final Director’s Decision was issued on 

August 14, 2008, and noticed in the 

Federal Register on August 21, 2008 (73 

FR 49495). The NRC found that the 

licensee was in compliance with the 

pertinent NRC regulatory requirements 

on the release of radioactive isotopes 

and that public health and safety have 

not been, nor are likely to be, adversely 

affected. 

As provided by Section 2.206, 

appropriate action will be taken on this 

petition within a reasonable time. 

A copy of the petition and the 

transcript of the conference call with the 

PRB can be located at Agencywide 

Documents Access and Management 

Systems Accession Nos. ML080950265 

and ML082330375, respectively, and are 

available for inspection at the 

Commission’s Public Document Room, 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. 

Dated at Rockville, Maryland, this 15th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–22356 Filed 9–23–08; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Draft 2008 Report to Congress on the 

Benefits and Costs of Federal 

Regulations 

AGENCY: Office of Management and 

Budget, Executive Office of the 

President. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: The Office of Management 

and Budget (OMB) requests comments 

on its Draft 2008 Report to Congress on 

the Benefits and Costs of Federal 

Regulation. The full Draft Report is 

available at http://www.whitehouse.gov/ 

omb/inforeg/regpolreports_congress.html, and is divided 

into four chapters. Chapter I examines 

the benefits and costs of major Federal 

regulations issued in fiscal year 2007 

and summarizes the benefits and costs 

of major regulations issued between 

September 1997 and 2007. It also 

discusses regulatory impacts on State, 

local, and tribal governments, small 

business, wages, and economic growth. 

Chapter II examines trends in regulation 

since OMB began to compile benefit and 

cost estimates records in 1981. Chapter 

III provides an update on 

implementation of the Information 

Quality Act, and Chapter IV summarizes 

agency compliance with the Unfunded 

Mandates Reform Act. 

DATES: To ensure consideration of 

comments as OMB prepares this Draft 

Report for submission to Congress, 

comments must be in writing and 

received by 45 days after publication. 

ADDRESSES: Submit comments by one of 

the following methods: 

• http://www.regulations.gov: Direct 

comments to Docket ID OMB–2008– 

0014 

• E-mail: 

OIRA_BC_RPT@omb.eop.gov 

• Fax: (202) 395–7285 

• Mail: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attn: Darcel 

D. Gayle, NEOB, Room 10202, 725 17th 

Street, NW., Washington, DC 20503. We 

are still experiencing delays in the 

regular mail, including first class and 

express mail. To ensure that your 

comments are received, we recommend 

that comments on this draft report be 

electronically submitted. 

All comments submitted in response 

to this notice will be made available to 

the public, including by posting them 

on OMB’s Web site. For this reason, 

please do not include in your comments 

information of a confidential nature, 

such as sensitive personal information 

or proprietary information. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means OMB will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to OMB, your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. 

FOR FURTHER INFORMATION CONTACT: 

Darcel D. Gayle, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, NEOB, Room 

10202, 725 17th Street, NW., 

Washington, DC 20503. Telephone: 

(202) 395–3084. 

SUPPLEMENTARY INFORMATION: Congress 

directed the Office of Management and 

Budget (OMB) to prepare an annual 

Report to Congress on the Costs and 

Benefits of Federal Regulations. 

Specifically, Section 624 of the FY 2001 

Treasury and General Government 

Appropriations Act, also known as the 

‘‘Regulatory Right-to-Know Act’’ (the 

Act), requires OMB to submit a report 

on the costs and benefits of Federal 

regulations together with 

recommendation for reform. The Act 

states that the report should contain 

estimates of the costs and benefits of 

regulations in the aggregate, by agency 

and agency program, and by major rule, 

as well as an analysis of impacts of 

Federal regulation on State, local, and 

tribal governments, small businesses, 

wages, and economic growth. The Act 

also states that the report should go 

through notice and comment and peer 

review. 

Susan E. Dudley, 

Administrator, Office of Information and 

Regulatory Affairs. 

[FR Doc. E8–22324 Filed 9–23–08; 8:45 am] 

BILLING CODE 3110–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 58592 ] 

Emergency Order Pursuant to Section 

12(K)(2) of the Securities Exchange Act 

of 1934 Taking Temporary Action To 

Respond to Market Developments 

September 18, 2008. 

The Commission is aware of the 

continued potential of sudden and 

excessive fluctuations of securities 

prices and disruption in the functioning 

of the securities markets that could 

threaten fair and orderly markets. In our 

recent publication of an emergency 

order under Section 12(k) of the 

Exchange Act (the ‘‘Act’’),1 for example, 

we were concerned about the possible 

unnecessary or artificial price 

movements based on unfounded rumors 

regarding the stability of financial 

institutions and other issuers 

exacerbated by ‘‘naked’’ short selling. 

Our concerns, however, are no longer 

limited to just the financial institutions 

that were the subject of the July 

Emergency Order. Recent market 

conditions have made us concerned that 

short selling in the securities of a wider 

range of financial institutions may be 


jlentini on PROD1PC65 with NOTICES