Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 22985 

6As of October 15, 2007, the NRC’s final ‘‘E– 

Filing Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (72 FR 49139; 

Aug. 28, 2007). Requesters should note that the 

filing requirements of that rule apply to appeals of 

NRC staff determinations (because they must be 

served on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI/SGI 

requests submitted to the NRC staff under these 

procedures. 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.6

10. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI and/or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. Attachment 1 to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

Dated at Rockville, Maryland, this 1st day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING

Day Event/activity 

0 ......................... Publication of notice of receipt of update to application for facility operating license and notice of opportunity for hearing, including order with instructions for access requests. 

10 ....................... Deadline for submitting requests for access to SUNSI and/or SGI with information: supporting the standing of a potential 

party identified by name and address; describing the need for the information in order for the potential party to participate 

meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 

60 ....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requester reply). 

20 ....................... NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to 

believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff 

also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of 

the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document 

processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for 

SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records 

check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ....................... If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion 

seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for 

SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by 

the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

190 ..................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff 

to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient 

of SGI is not trustworthy or reliable). NOTE: Before the Office of Administration makes an adverse determination regarding 

access, the proposed recipient must be provided an opportunity to correct or explain information. 

205 ..................... Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. 

A ........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 .................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing 

the protective order. 

A + 28 ................ Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more 

than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other 

contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

A + 53 ................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 ................ (Answer receipt +7) Petitioner/Intervenor reply to answers. 

B ........................ Decision on contention admission. 

[FR Doc. E9–11262 Filed 5–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0409] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Regulatory Guide 1.213, 

‘‘Qualification of Safety-Related Motor 

Control Centers for Nuclear Power 

Plants.’’ 

FOR FURTHER INFORMATION CONTACT: 

Mark 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 to Mark.Orr@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

22986 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or Commission) is 

issuing a revision to an existing guide in 

the agency’s ‘‘Regulatory Guide’’ series. 

This series was developed to describe 

and make available to the public 

information such as methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’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. 

Regulatory Guide 1.213 was issued 

with a temporary identification as Draft 

Regulatory Guide, DG–1149. This 

regulatory guide describes a method that 

the staff of the NRC deems acceptable 

for complying with the Commission’s 

regulations for qualification of safetyrelated motor control centers for nuclear 

power plants. 

The Commission’s regulations in Title 

10, Part 50, ‘‘Domestic Licensing of 

Production and Utilization Facilities,’’ 

of the Code of Federal Regulations (10 

CFR part 50), require that structures, 

systems, and components in a nuclear 

power plant that are important to safety 

be designed to accommodate the effects 

of environmental conditions (i.e., they 

must remain functional under 

postulated design-basis events (DBEs)). 

Toward that end, General Design 

Criteria 1, 2, 4, and 23 of Appendix A, 

‘‘General Design Criteria for Nuclear 

Power Plants,’’ to 10 CFR Part 50 

contain the general requirements. 

Augmenting those general requirements 

are the specific requirements pertaining 

to qualification of certain electrical 

equipment important to safety that 

appear in 10 CFR 50.49, ‘‘Environmental 

Qualification of Electric Equipment 

Important to Safety for Nuclear Power 

Plants.’’ In addition, Criterion III, 

‘‘Design Control,’’ of Appendix B, 

‘‘Quality Assurance Criteria for Nuclear 

Power Plants and Fuel Reprocessing 

Plants,’’ to 10 CFR part 50, requires that 

test programs, when used to verify the 

adequacy of a specific design feature, 

should include suitable qualification 

testing of a prototype unit under the 

most severe DBE. 

II. Further Information 

In July 2008, DG–1149 was published 

with a public comment period of 60 

days from the issuance of the guide. The 

public comment period closed on 

September 19, 2008. The staff’s 

responses to the public comments are 

located in the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), Accession Number 

ML083010458. 

Electronic copies of Regulatory Guide 

1.213 are available through the NRC’s 

public Web site under ‘‘Regulatory 

Guides’’ at http://www.nrc.gov/readingrm/doc-collections/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at Room O–1F21, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852–2738. 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) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 8th day 

of May, 2009. 

For the Nuclear Regulatory Commission. 

Richard A. Jervey, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–11389 Filed 5–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Railroad 

Retirement Board (RRB) is forwarding 

two (2) Information Collection Requests 

(ICR) to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB) to 

request extensions without change of 

currently approved collections of 

information. Our ICR describes the 

information we seek to collect from the 

public. Review and approval by OIRA 

ensures that we impose appropriate 

paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) The practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date 

1. Application for Survivor Death 

Benefits; OMB 3220–0031 

Under Section 6 of the Railroad 

Retirement Act (RRA), lump-sum death 

benefits are payable to surviving widow 

and widowers, children and certain 

other dependents. Lump-sum death 

benefits are payable after the death of a 

railroad employee only if there are no 

qualified survivors of the employee 

immediately eligible for annuities. With 

the exception of the residual death 

benefit, eligibility for survivor benefits 

depends on whether the employee was 

‘‘insured’’ under the RRA at the time of 

death. If a deceased employee was not 

so insured, jurisdiction of any survivor 

benefits payable is transferred to the 

Social Security Administration and 

survivor benefits are paid by that agency 

instead of the RRB. The collection 

obtains the information required by the 

RRB to determine entitlement to and 

amount of the survivor death benefits 

applied for. 

The RRB currently utilizes Form(s) 

AA–11a (Designation for Change of 

Beneficiary for Residual Lump-Sum), 

AA–21cert, (Application Summary and 

Certification), AA–21 (Application for 

Lump-Sum Death Payment and 

Annuities Unpaid at Death), G–131 

(Authorization of Payment and Release 

of All Claims to a Death Benefit or 

Accrued Annuity Payment), and G–273a 

(Funeral Director’s Statement of Burial 

Charges), to obtain the necessary 

information. One response is requested 

of each respondent. Completion is 

required to obtain benefits. 

The estimated annual respondent 

burden is as follows: 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No.(s) Annual 

responses 

Time 

(min) 

Burden 

(hrs) 

AA–11a .................................................................................................................................................... 200 10 33 

AA–21cert (with assistance) .................................................................................................................... 5,400 20 1,800