Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29241 

that can house up to 2,500 sentenced or 

un-sentenced criminal aliens. 

Proposals received by the BOP from 

private contractors include a proposed 

expansion of an existing facility in 

Baldwin, Michigan and/or new 

construction at a site in Lake City, 

Florida. The BOP has preliminarily 

evaluated these sites and determined 

that the prospective sites appear to be of 

sufficient size to provide space for 

housing, programs, administrative 

services and other support facilities 

associated with the correctional facility. 

The DEIS to be prepared by the BOP 

will analyze the potential impacts of 

correctional facility construction/ 

renovation and operation at these sites. 

The Process 

In the process of evaluating the sites, 

several aspects will receive detailed 

examination including, but not limited 

to: Topography, geology/soils, 

hydrology, biological resources, utility 

services, transportation services, 

cultural resources, land uses, socioeconomics, hazardous materials, and air 

and noise quality, among others. 

Alternatives 

In developing the DEIS, the options of 

‘‘no action’’ and ‘‘alternative sites’’ for 

the proposed facility will be fully and 

thoroughly examined. 

Scoping Process 

During the preparation of the DEIS, 

there will be opportunities for public 

involvement in order to determine the 

issues to be examined in the DEIS. A 

Public Scoping Meeting will be held at 

6 p.m. June 30, 2009 at the Columbia 

County Public Library located at 308 

NW Columbia Avenue, Lake City, 

Florida. 

In addition, a Public Scoping meeting 

will be held at 6 p.m., July 7, 2009 at 

the Webber Township Hall located at 

2286 West Springtime Street, Baldwin, 

Michigan. The meeting locations, dates, 

and times will be well publicized and 

have been arranged to allow for public 

involvement, as well as interested 

agencies and organizations to attend. 

The meetings are being held to allow 

interested persons to formally express 

their views on the scope and significant 

issues to be studied as part of the DEIS 

process. The meetings will provide for 

timely public comments and 

understanding of federal plans and 

programs with possible environmental 

consequences as required by the NEPA 

of 1969, as amended, and the National 

Historic Preservation Act of 1966, as 

amended. 

DEIS Preparation 

Public notice will be given concerning 

the availability of the DEIS for public 

review and comment at a later date. 

ADDRESSES: All are encouraged to 

provide comments on the proposed 

action and alternatives at any Public 

Scoping Meetings and anytime during 

the 30-day comment review period, 

which ends July 20, 2009. There are two 

ways in which comments may be 

submitted: (1) by attending one of the 

meetings or (2) by mail. All written 

comments on the DEIS should be 

submitted and postmarked no later than 

July 20, 2009. 

Comments submitted by mail or 

questions concerning the proposed 

action and the DEIS may be directed to: 

Richard A. Cohn, Chief or Issac Gaston, 

Site Selection Specialist, Capacity 

Planning and Site Selection Branch, 

Federal Bureau of Prisons, 320 First 

Street, NW., Washington, DC 20534, Tel: 

202–514–6470/Fax: 202–616–6024/Email: racohn@bop.gov. 

Dated: June 10, 2009. 

Richard A. Cohn, 

Chief, Capacity Planning and Site Selection 

Branch. 

[FR Doc. E9–14179 Filed 6–18–09; 8:45 am] 

BILLING CODE P 

OFFICE OF THE DIRECTOR OF 

NATIONAL INTELLIGENCE 

Office of the Chief Human Capital 

Officer; Information Collection; 

Ancestry and Ethnicity Data Elements; 

Correction 

AGENCY: Office of the Director of 

National Intelligence. 

ACTION: Notice; correction. 

SUMMARY: The Office of the Director of 

National Intelligence published a 

document in the Federal Register of 

May 11, 2009, concerning request for 

comments by the general public and 

Federal Agencies on the standard data 

elements being reviewed under regular 

review procedures for use by the 

Intelligence Community. The document 

contained an incorrect mailing address. 

FOR FURTHER INFORMATION CONTACT: 

Office of the Chief Human Capital 

Officer, 703–275–3365. 

Correction 

In the Federal Register of May 11, 

2009, in FR Doc. E9–10475, on page 

21834, in the SUMMARY, correct the last 

sentence to read: 

These data elements can be viewed on 

the Web site http:// 

www.intelligence.gov. Click on Careers, 

A Place For You, which will direct you 

to http://www.intelligence.gov/ 

3place.shtml. Click on the Federal 

Register—Data Elements link. 

In the Federal Register of May 11, 

2009, in FR Doc. E9–10475, on page 

21834, in the last paragraph, correct the 

FOR FURTHER INFORMATION CONTACT

caption to read: 

The Office of the Chief Human Capital 

Officer, ODNI, Washington, DC 20511, 

703–275–3365. Please cite OMB Control 

No. 3440—NEW, Ancestry and Ethnicity 

Data Elements. The form can be 

downloaded from http:// 

www.intelligence.gov. Click on Careers, 

A Place for You, which will direct you 

to http://www.intelligence.gov/ 

3place.shtml. Click on the Federal 

Register—Data Elements link. 

In the Federal Register of May 11, 

2009, in FR Doc. E9–10475, on page 

21835, in the last paragraph, correct the 

Obtaining Copies of Proposals caption 

to read: 

Requesters may obtain a copy of the 

information collection documents from 

the Office of the Chief Human Capital 

Officer, ODNI, at Washington, DC 

20511, or call 703–275–3365. Please cite 

Ancestry and Ethnicity Data Elements in 

all correspondence. 

Dated: June 9, 2009. 

Deatri L. Brewer, 

DNI PRA Clearance Officer. 

[FR Doc. E9–14443 Filed 6–18–09; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–400; NRC–2009–0247] 

Carolina Power & Light Company; 

Shearon Harris Nuclear Power Plant, 

Unit 1; Notice of Consideration of 

Issuance of Amendment to Facility 

Operating License and Opportunity for 

a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission, NRC) is 

considering issuance of an amendment 

to Renewed Facility Operating License 

No. NPF–63, issued to the Carolina 

Power & Light Company (the licensee), 

for operation of the Shearon Harris 

Nuclear Power Plant, Unit 1, located in 

Wake and Chatham Counties, North 

Carolina. 

The proposed amendment would 

transition the current fire protection 

program to a risk-informed, 

performance-based program based on 

the National Fire Protection Association 

Standard 805 (NFPA–805), 

‘‘Performance-Based Standard for Fire 

Protection for Light Water Reactor 

mstockstill on PROD1PC66 with NOTICES

29242 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 

Generating Plants,’’ 2001 Edition, in 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

50.48(c). NFPA–805 allows the use of 

performance-based methods, such as 

fire modeling, and risk-informed 

methods, such as Fire Probabilistic Risk 

Assessment, to demonstrate compliance 

with the nuclear safety performance 

criteria. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license. 

Requests for a hearing and a petition for 

leave to intervene shall be filed in 

accordance with the Commission’s 

‘‘Rules of Practice for Domestic 

Licensing Proceedings’’ in 10 CFR part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible 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/doccollections/cfr/. If a request for a hearing 

or petition for leave to intervene is filed 

within 60 days, the Commission or a 

presiding officer designated by the 

Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel, will 

rule on the request and/or petition; and 

the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner/requestor in the 

proceeding, and how that interest may 

be affected by the results of the 

proceeding. The petition should 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

general requirements: (1) The name, 

address and telephone number of the 

requestor or petitioner; (2) the nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (4) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also identify the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the amendment 

under consideration. The contention 

must be one which, if proven, would 

entitle the petitioner/requestor to relief. 

A petitioner/requestor who fails to 

satisfy these requirements with respect 

to at least one contention will not be 

permitted to participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve all adjudicatory documents 

over the Internet, or in some cases to 

mail copies on electronic storage media. 

Participants may not submit paper 

copies of their filings unless they seek 

a waiver in accordance with the 

procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

hearing.docket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

ID certificate, which allows the 

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/emstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29243 

submittals.html or by calling the NRC 

electronic filing Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

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 or the presiding officer of 

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). 

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, unless an NRC regulation 

or other law requires submission of such 

information. 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 

licensee’s application for amendment 

dated May 29, 2008 (ADAMS Accession 

No. ML081560641), as supplemented by 

letter dated November 14, 2008 

(ADAMS Accession No. ML083240593), 

which are available for public 

inspection at the Commission’s PDR, 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

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, or 301–415–4737, 

or by e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, MD, this 11th day of 

June 2009. 

For the Nuclear Regulatory Commission. 

Marlayna Vaaler, 

Project Manager, Plant Licensing Branch II– 

2, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–14420 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 55–62335–SP; ASLBP No. 09– 

891–01–SP–BD01] 

David B. Kuhl, II; Establishment of 

Atomic Safety and Licensing Board 

Establishment of Atomic Safety and 

Licensing Board 

Pursuant to delegation by the 

Commission dated December 29, 1972 

(37 FR 28,710), and the Commission’s 

regulations, see 10 CFR 2.103(b), 2.309, 

2.313(a), and 2.318, notice is hereby 

given that an Atomic Safety and 

Licensing Board (Board) is being 

established to preside over the following 

proceeding: 

David B. Kuhl, II (Denial of Senior 

Reactor Operator License) 

This proceeding concerns a request 

for hearing from David B. Kuhl, II, dated 

May 28, 2009. His request is in response 

to a denial letter from the Office of 

Nuclear Reactor Regulation (NRR) dated 

May 13, 2009 notifying him that, 

following an administrative review, 

NRR was in agreement with Region I’s 

decision of February 20, 2009 not to 

issue him a Senior Reactor Operator 

License for the Beaver Valley Power 

Station. 

The Board is comprised of the 

following administrative judges: 

Paul S. Ryerson, Chair, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Alan S. Rosenthal, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Michael F. Kennedy, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

As provided in 10 CFR 2.302, all 

correspondence, documents, and other 

materials shall be filed in accordance 

with the NRC E-Filing rule, which the 

NRC promulgated in August 2007 (72 

FR 49,139). 

Issued at Rockville, Maryland, this 15th 

day of June 2009. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–14435 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0588] 

Final Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Regulatory Guide (RG) 

1.21, Revision 2. 

FOR FURTHER INFORMATION CONTACT: 

Steven Garry, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 415–2766 or email Steven.Garry@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a 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. 

RG 1.21, Rev. 2, ‘‘Measuring, 

Evaluating, and Reporting Radioactive 

Material in Liquid and Gaseous 

mstockstill on PROD1PC66 with NOTICES