Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54921 

3Any such request may be directed to the 

Secretary of the Commission by electronic mail at 

hearing.docket@nrc.gov or by telephone at 301– 

415–1677. 

The authority under which the 

evidentiary hearing will be held is the 

Atomic Energy Act, 42 U.S.C. 2231, 

2239, and 2241. Unless otherwise 

indicated, the evidentiary hearing on 

the four admitted contentions will be 

conducted pursuant to the NRC hearing 

procedures set forth in 10 CFR Part 2, 

Subpart L, 10 CFR 2.1200–2.1213. 

During the course of this adjudicatory 

proceeding, the Board may also hear 

oral arguments as provided in 10 CFR 

2.331 and may hold various prehearing 

conferences pursuant to 10 CFR 2.329. 

These may be held via teleconference, 

video-conference, and/or in person. 

Except where certain legally privileged 

documents or testimony are being 

heard, all of the proceedings will be 

open to the public. See 10 CFR 2.328. 

Prior to the evidentiary hearing and to 

each oral argument or prehearing 

conference, the Board will issue an 

order, notice, and/or memorandum that 

specifies the date, time and place of 

such event. A copy of any such order, 

notice and/or memorandum will be 

made available to the public on the 

Diablo Canyon ‘‘Board Orders’’ section 

of the NRC Electronic Hearing Docket 

found at http://ehd1.nrc.gov/EHD/. The 

public should be aware that new 

documents are regularly added to this 

Web site as the parties file pleadings 

and the Board issues orders or notices. 

Therefore this Web site should be 

monitored regularly by interested 

members of the public. In addition, hard 

copies of Board orders, notices and/or 

memoranda are also available at the 

NRC Public Document Room (PDR), 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Finally, the public is advised 

that the Secretary of the Commission 

will give notice of a hearing (and of 

other events in the proceeding) to any 

member of the public who requests 

it.3See 10 CFR 2.315(b). 

As provided in 10 CFR 2.315(a), any 

person who is not a party to the 

proceeding may, in the discretion of this 

Board, be permitted to submit a written 

limited appearance statement. Such 

statements should focus on the admitted 

contentions. Limited appearance 

statements do not constitute legal 

evidence, but they are placed in the 

docket for the hearing. The limited 

appearance statement is an opportunity 

for a member of the public to inform the 

Board and/or the parties of his or her 

concerns, issues, and questions and 

suggestions relating to the matters at 

issue in the adjudicatory proceeding, 

i.e., relating to the admitted contentions. 

A written limited appearance 

statement should be sent to the Office of 

the Secretary using one of the following 

methods: (1) Mail to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, with a copy to Alex 

S. Karlin, the Chairman of this 

Licensing Board at Mail Stop T–3F23, 

Atomic Safety and Licensing Board 

Panel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; (2) e-mail to the Office of the 

Secretary at hearing.docket@nrc.gov, 

with a copy to the Board Chairman 

c/o Ashley Prange at 

ashley.prange@nrc.gov; or (3) fax to the 

Office of the Secretary at 301–415–1101 

(facsimile verification number: 301– 

415–1966), with a copy to the Board 

Chairman at 301–415–5599 (facsimile 

verification number: 301–415–7550). 

The Board may, at a later time, 

schedule a meeting where members of 

the public may provide oral limited 

appearance statements. If any such 

session is scheduled, the Board will 

issue a prior order or notice, which will 

be posted in the Diablo Canyon Board 

Orders section of the Electronic Hearing 

Docket webpage at http://ehd1.nrc.gov/ 

EHD/. 

The time and date of the evidentiary 

hearing herein cannot be set at this time. 

This is because the law specifies that, in 

scheduling the evidentiary hearing, the 

Board must ‘‘take into consideration the 

NRC staff’s projected schedule for 

completion of its safety and 

environmental evaluations to ensure 

that the hearing schedule does not 

adversely impact the staff’s ability to 

complete its reviews in a timely 

manner.’’ 10 CFR 2.332(d). At the 

moment, the NRC Staff estimates that its 

Final Safety Evaluation Report will be 

considered by the NRC Advisory 

Committee on Reactor Safeguards in 

July 2011 and that the Staff will issue 

the Final Supplemental Environmental 

Impact Statement in August 2011. But 

the Staff’s schedule is subject to change. 

The evidentiary hearing herein 

concerning environmental matters is not 

likely to commence until 3 or 4 months 

after August 2011. See 10 CFR 2.332(d). 

Documents relating to this 

adjudicatory proceeding are available 

for public inspection in the NRC’s 

Electronic Hearing Docket at http:// 

ehd1.nrc.gov/EHD/. Those documents, 

and some documents relating to the 

Staff’s review of this license application, 

are also available from the 

Commission’s Public Document Room 

or electronically from the publicly 

available records component of NRC’s 

document system (ADAMS). ADAMS is 

accessible from the NRC Web site at 

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 

by e-mail at PDR.Resource@nrc.gov. 

It is so ordered. 

Dated: September 1, 2010. 

For the Atomic Safety and Licensing 

Board. 

Alex S. Karlin, 

Chairman, Administrative Judge, Rockville, 

Maryland. 

[FR Doc. 2010–22478 Filed 9–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0295] 

Withdrawal of Regulatory Guides 1.38, 

1.94, and 1.116 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of three Regulatory 

Guides: Regulatory Guide 1.38, ‘‘Quality 

Assurance Requirements for Packaging, 

Shipping, Receiving, Storage, and 

Handling of Items for a Water-Cooled 

Nuclear Power Plant,’’ dated May 1977; 

Regulatory Guide 1.94, ‘‘Quality 

Assurance Requirements for 

Installation, Inspection, and Testing of 

Structural Concrete, and Structural Steel 

During the Construction Phase of 

Nuclear Power Plants,’’ dated April 

1976; and Regulatory Guide 1.116, 

‘‘Quality Assurance Requirements for 

Installation, Inspection, and Testing of 

Mechanical Equipment and Systems,’’ 

dated May 1977. 

FOR FURTHER INFORMATION CONTACT: 

Mark P. Orr, Regulatory Guide 

Development Branch, Division of 

Engineering, Office of Nuclear 

Regulatory Research, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–251– 

7495 or e-mail Mark.Orr@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing 

Regulatory Guide 1.38, ‘‘Quality 

Assurance Requirements for Packaging, 

Shipping, Receiving, Storage, and 

Handling of Items for Water-Cooled 

Nuclear Power Plants,’’ dated May 1977; 

Regulatory Guide 1.94, ‘‘Quality 

mstockstill on DSKH9S0YB1PROD with NOTICES

54922 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

Assurance Requirements for 

Installation, Inspection, and Testing of 

Structural Concrete, and Structural Steel 

During the Construction Phase of 

Nuclear Power Plants,’’ dated April 

1976; and Regulatory Guide 1.116, 

‘‘Quality Assurance Requirements for 

Installation, Inspection, and Testing of 

Mechanical Equipment and Systems,’’ 

dated May 1977. 

Regulatory Guide 1.38 endorses the 

American Society of Mechanical 

Engineers (ASME) American National 

Standard Institute (ANSI) Standard 

N45.2.2—1972, ‘‘Packaging, Shipping, 

Receiving, Storage and Handling of 

Items for Nuclear Power Plants (During 

the Construction Phase),’’ dated 

December 20, 1972. 

Regulatory Guide 1.94 endorses the 

ASME/ANSI Standard N45.2.5—1974, 

‘‘Supplementary Quality Assurance 

Requirements for Installation, 

Inspection, and Testing of Structural 

Concrete and Structural Steel During the 

Construction Phase of Nuclear Power 

Plants,’’ dated July 8, 1974 and 

American Concrete Institute (ACI) 

standard 309–72, ‘‘Recommended 

Practices for Consolidation of Concrete,’’ 

dated October 1, 1972. 

Regulatory Guide 1.116 endorses 

ASME/ANSI Standard N45.2—1975, 

‘‘Supplementary Quality Assurance 

Requirements for Installation, 

Inspection and Testing of Mechanical 

Equipment and Systems for the 

Construction Phase of Nuclear Power 

Plants,’’ dated May 20, 1975; U.S. 

Atomic Energy Commission (USAEC) 

Technical Reports WASH 1309, 

‘‘Guidance on Quality Assurance 

Requirements During the Construction 

Phase of Nuclear Power Plants,’’ dated 

May 10, 1974; and WASH–1284, 

‘‘Guidance on Quality Assurance 

Requirements During the Operations 

Phase of Nuclear Power Plants,’’ dated 

October 26, 1973. 

The standards endorsed by Regulatory 

Guides 1.38, 1.94, and 1.116 have been 

superseded and replaced by the ASME/ 

ANSI Standard NQA–1, ‘‘Quality 

Assurance Requirements for Nuclear 

Facility Applications,’’ which is 

endorsed by Title 10 of the Code of 

Federal Regulations (10 CFR) 

Subsection 50.55a, ‘‘Codes and 

Standards,’’ (10 CFR 50.55a). 

The quality assurance requirements in 

10 CFR 50.55a paragraphs (b)(1)(iv), 

‘‘Quality Assurance,’’ (b)(2)(x), ‘‘Quality 

Assurance,’’ and (b)(2)(xxvii)(3)(i), 

‘‘Quality Assurance’’ all state that the 

requirements in specific editions and 

addenda of NQA–1 are an acceptable 

method of demonstrating compliance 

with the quality assurance requirements 

of Appendix B to 10 CFR part 50, 

‘‘Quality Assurance Criteria for Nuclear 

Power Plants and Fuel Reprocessing 

Plants.’’ In those cases where the 

requirements of the licensee’s Appendix 

B quality assurance program are more 

stringent than those contained in NQA– 

1, the licensee’s quality assurance 

program applies. 

Additional quality assurance 

guidance for NRC staff, licensees, and 

applicants may be found in NUREG– 

0800, ‘‘Standard Review Plan,’’ Chapter 

17, ‘‘Quality Assurance’’ as well as 

Regulatory Guide 1.28, ‘‘Quality 

Assurance Program Criteria (Design and 

Construction)’’ which was revised and 

issued in June 2010 to endorse (with 

additions and modifications) the Part I 

and Part II requirements of NQA–1– 

2008 and the NQA 1a–2009 Addenda 

for the implementation of a QA program 

during the design and construction 

phases of nuclear power plants and fuel 

reprocessing facilities. 

II. Further Information 

The withdrawal of Regulatory Guides 

1.38, 1.94, and 1.116 does not alter any 

prior or existing licensing commitments 

based on their use. The guidance 

provided in these regulatory guides is 

no longer necessary. Regulatory guides 

may be withdrawn when their guidance 

no longer provides useful information, 

or is superseded by technological, 

congressional actions, or other events. 

Guides are revised for a variety of 

reasons and the withdrawal of a 

Regulatory Guide should be thought of 

as the final revision of the guide. 

Although a regulatory guide is 

withdrawn, current licensees may 

continue to use it, and withdrawal does 

not affect any existing licenses or 

agreements. Withdrawal means that the 

guide should not be used for future NRC 

licensing activities. Changes to existing 

licenses would be accomplished using 

other regulatory products. 

Regulatory guides are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/doccollections. Regulatory guides are also 

available for inspection at the NRC’s 

Public Document Room (PDR), Room O– 

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852–2738. The PDR’s mailing address 

is US NRC PDR, Washington, DC 

20555–0001. You can reach the staff by 

telephone at 301–415–4737 or 800–397– 

4209, by fax at 301–415–3548, and by email to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 31st day 

of August 2010. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2010–22492 Filed 9–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Annual Reporting and Disclosure 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of request for extension 

of OMB approval. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is requesting that 

the Office of Management and Budget 

(OMB) extend approval, under the 

Paperwork Reduction Act, of the 

collection of information for annual 

reporting and disclosure under 29 CFR 

part 2520 (OMB control number 1212– 

0057, expires September 30, 2010), 

without change. This notice informs the 

public of PBGC’s intent and solicits 

public comment on the collection of 

information. 

DATES: Comments must be submitted by 

October 12, 2010. 

ADDRESSES: Comments should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for the 

Pension Benefit Guaranty Corporation, 

via electronic mail at 

OIRA_DOCKET@omb.eop.gov or by fax 

to 202–395–6974. 

Copies of the collection of 

information and PBGC’s request may 

also be obtained without charge by 

writing to the Disclosure Division, 

Office of General Counsel, at the above 

address or by visiting the Disclosure 

Division or calling 202–326–4040 

during normal business hours. (TTY/ 

TDD users may call the Federal relay 

service toll-free at 1–800–877–8339 and 

ask to be connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Grace Kraemer, Staff Attorney, 

Legislative and Regulatory Department, 

Pension Benefit Guaranty Corporation, 

1200 K Street, NW., Washington, DC 

20005–4026; 202–326–4024. (TTY/TDD 

users may call the Federal relay service 

toll-free at 1–800–877–8339 and ask to 

be connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: 

The Employee Retirement Income 

Security Act of 1974 (ERISA) contains 

mstockstill on DSKH9S0YB1PROD with NOTICES