Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31071 

Projects Obligated Objective Cumulative 

disbursements Measures 

Country: Namibia (CIF ONLY) Year: 2009 Quarter 2 Total Obligation: $19,543,175 

Entity to which the assistance is provided: MCA Namibia Total Quarterly Disbursement: $0 

Education Project .............. $8,976,296 Improve the education 

sector’s effectiveness, 

efficiency and quality.

$0 TBD 

Tourism Project ................. 2,475,145 Increase incomes and 

create employment opportunities by improving 

the marketing, management and infrastructure 

of Etosha National Park.

0 TBD 

Agriculture Project ............. 1,369,139 Sustainably improve the 

economic performance 

and profitability of the 

livestock sector and increase the volume of 

the indigenous natural 

products for export.

0 TBD 

Program Administration* 

and Control, Monitoring 

and Evaluation.

6,722,595 .......................................... 0 

Pending Subsequent 

Report**.

........................ .......................................... 0 

MCC has concluded a Compact with Namibia providing up to $304,477,816 in development assistance which includes the CIF funding. At such 

time the Compact enters into force, the balance of the funds will be obligated and become available to Namibia. 

*Program administration funds are used to pay items such as salaries, rent, and the cost of office equipment. 

**These amounts represent disbursements made that will be allocated to individual projects in the subsequent quarter(s) and reported as such 

in subsequent quarterly report(s). 

[FR Doc. E9–15308 Filed 6–26–09; 8:45 am] 

BILLING CODE 9211–03–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (09–059)] 

National Environmental Policy Act 

(NEPA): Nuclear Spectroscopic 

Telescope Array (NuSTAR) Mission 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Finding of No Significant 

Impact (FONSI). 

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA) of 

1969, as amended (42 U.S.C. 43321 et 

seq.), the Council on Environmental 

Quality Regulations for Implementing 

the Procedural Provisions of NEPA (40 

CFR parts 1500–1508), and NASA 

policy and procedures (14 CFR part 

1216 subpart 1216.3), NASA has made 

a Finding of No Significant Impact 

(FONSI) with respect to the proposed 

NuSTAR mission. The proposed action 

would be the launch of the NuSTAR 

mission on a Pegasus XL launch vehicle 

from the Reagan Test Site (RTS) at U.S. 

Army Kwajalein Atoll (USAKA), the 

Republic of the Marshall Islands (RMI) 

in August 2011. The only other 

alternative that was considered in detail 

was No Action. 

DATES: Written comments on this FONSI 

should be submitted to Mark Sistilli at 

the address provided below and must be 

postmarked no later than 30 days from 

publication of this FONSI. While hard 

copy comments are preferred, NASA 

will accept e-mail addressed to Mark 

Sistilli at the address provided below so 

long as the e-mail is sent no later than 

30 days from publication of this FONSI. 

ADDRESSES: The environmental 

documentation that supports and serves 

as a basis for this FONSI may be 

reviewed at the locations listed under 

the SUPPLEMENTARY INFORMATION in this 

notice. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Sistilli, NASA Headquarters, 

Science Mission Directorate, 

Astrophysics Division, NASA 

Headquarters, 300 E St., SW., Mail Suite 

3Y33, Washington, DC 20546–0001, 

Phone: 202–358–2242, E-mail: 

mark.j.sistilli@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed NuSTAR spacecraft has been 

reviewed in accordance with the 

Routine Payload criteria established by 

the ‘‘Final Environmental Assessment 

for Launch of NASA Routine Payloads 

on Expendable Launch Vehicles from 

Cape Canaveral Air Force Station 

Florida and Vandenberg Air Force Base 

California,’’ (NRP EA) dated June 2002 

and FONSI dated June 18, 2002. This 

review shows that the NuSTAR 

spacecraft meets all of the Routine 

Payload Criteria, with the exception of 

criteria 3 which specifies the launch 

vehicle and launch site conditions. The 

baseline launch vehicle for NuSTAR is 

the Pegasus XL, which is also covered 

under the Routine Payload criteria. 

However, the launch site proposed is 

USAKA, in the RMI. Council of 

Environmental Quality (CEQ) 

regulations encourages adoption of 

existing documents where applicable (‘‘ 

* * * an agency may adopt appropriate 

environmental documents prepared by 

another agency (Sec. 1506.3)’’). In 

addition, NASA Procedural 

Requirements (NPR) 8580.1, section 

K.2.17 encourages the adoption of other 

agency existing NEPA documents. The 

environmental impacts of the launch of 

spacecraft from USAKA have been 

reported in previous NEPA 

documentation, therefore these NEPA 

documents are hereby incorporated by 

reference in this FONSI. This FONSI 

formally adopts existing FAA and DOD 

environmental documentation for 

Pegasus launches from USAKA. 


sroberts on PROD1PC70 with NOTICES
31072 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

At a minimum, NASA will take no 

final action prior to 30 days following 

the publication of this FONSI. Public 

comments on the environmental aspects 

of the proposed NuSTAR mission are 

hereby solicited and will be considered 

before NASA makes its final decision. 

The NuSTAR mission was proposed 

and selected in response to NASA’s 

Announcement of Opportunity for the 

Explorer Program in 2003. The Explorer 

program provides frequent, low-cost 

access to space missions for small-to 

mid-sized spacecraft. The Explorer 

program enables the definition, 

development and implementation of 

mission concepts through a variety of 

modes to meet the need of the scientific 

community and the NASA space 

science enterprise. NuSTAR’s scientific 

goals include helping scientists answer 

fundamental questions about the 

universe, such as: 

1. How black holes are distributed 

throughout the cosmos? 

2. How the elements of the universe 

were created? 

3. What powers the most extreme 

active galaxies? 

With answers to these and other 

questions, NuSTAR would expand 

NASA’s understanding of the origins 

and destinies of stars and galaxies. 

NuSTAR would study the sky through 

the use of high energy x-rays. It consists 

of a single spacecraft which would be 

placed into an equatorial orbit around 

the Earth. The objective of the NuSTAR 

mission is to conduct a census for black 

holes on all scales, achieved through 

deep, wide-field surveys of extragalactic 

fields and the Galactic center, map 

radioactive material in young supernova 

remnants in order to study the birth of 

the elements and to understand how 

stars explode, to expose relativistic jets 

of particles from the most extreme 

active galaxies in order to understand 

what powers giant cosmic accelerators, 

to study cosmic ray origins and the 

extreme physics around collapsed stars 

and would respond to targets of 

opportunity including supernovae and 

gamma-ray bursts. 

NuSTAR would achieve its science 

objectives with a combination of 

surveys and pointed observations. It 

would consist of a single instrument 

containing two identical grazing 

incidence hard X-ray telescopes that 

would effectively enlarge the X-ray 

collecting area. The grazing incidence 

mirrors would focus onto two shielded 

solid-state pixel detectors, separated by 

a mast that would extend the focal 

length to ten meters (33 feet) after 

launch. A laser metrology system (class 

3B) would monitor the mast alignment 

and remove mast flexure that would 

ease mast stability requirements. The 

optics would extend the frequency 

range and field of view over that 

achievable with standard metal surfaces. 

Cadmium Zinc Telluride (CdZnTe) 

detectors would provide excellent 

spectral resolution and high quantum 

efficiency without requiring cryogenic 

operation. There would be a single 

mechanical interface to the 3-axis 

stabilized spacecraft bus provided by 

Orbital Sciences Corporation, who also 

manufactures the Pegasus launch 

vehicle. NuSTAR would launch from 

United States Army Kwajalein Atoll, 

Republic of the Marshall Islands, aboard 

a single Pegasus XL launch vehicle in 

August 2011. 

NuSTAR Adoption of Existing 

Environmental Documentation 

Applicability 

The Pegasus XL launch vehicle would 

be processed and the NuSTAR 

spacecraft would be integrated to the 

launch vehicle at Vandenberg Air Force 

Base (VAFB), California. The Pegasus 

would be attached to its dedicated L– 

1011 aircraft at VAFB, and then ferried 

to RTS for launch. Limited testing 

operations on the spacecraft would be 

conducted at RTS. On the day of launch, 

the L–1011/Pegasus would depart from 

RTS and then the Pegasus would be 

released from the L–1011 aircraft at an 

altitude of approximately 35,000 to 

45,000 feet over the Pacific Ocean, at a 

point southwest of the Kwajalein Atoll. 

RTS is located on the USAKA, a 

subordinate command of the U.S. Army 

Space and Missile Defense Command, 

located in the RMI, approximately 3,700 

kilometers (2,000 nautical miles) 

southwest of Hawaii. USAKA consists 

of all or portions of 11 of the 100 islands 

that enclose a 2,850 square kilometer 

(1,100 square mile) lagoon, the largest 

lagoon in the world. Kwajalein is one of 

11 islands in the Marshall Islands leased 

by the U.S. government. 

The U.S. Department of 

Transportation (DOT) Federal Aviation 

Administration (FAA) has analyzed the 

potential impacts of Pegasus launches at 

RTS in previous documents (FAA, 1994, 

OSC, 1999, and FAA, 2004) and has 

determined that the activities associated 

with the Pegasus operations at RTS will 

not individually or cumulatively 

significantly impact the quality of the 

human or natural environment. 

NASA has analyzed the potential 

impacts of missions with spacecraft that 

are considered routine payloads in an 

environmental assessment (NRP EA). 

Spacecraft defined as routine payloads 

utilize materials, quantities of materials, 

launch vehicles and operation 

characteristics that are consistent with 

normal and routine spacecraft 

preparation and flight activities. The 

environmental impacts of launching 

routine payloads fall within the range of 

routine, ongoing and previously 

documented impacts that have been 

determined not to be significant. 

Spacecraft covered by the NRP EA meet 

specific criteria ensuring that the 

spacecraft and its operation and 

decommissioning do not present any 

new or substantial environmental or 

safety concerns. The NuSTAR mission 

meets the criteria for a NASA routine 

payload (NASA, 2009) with the 

exception of criteria 3 concerning 

launch site conditions that are covered 

in DOT environmental documentation 

(FAA, 1994, OSC, 1999, and FAA, 

2004). The mission does not present any 

unique or unusual circumstances that 

could result in new or substantial 

environmental impacts. 

Based on the analyses set forth in the 

NRP EA and previous FAA documents, 

NASA has determined that the 

environmental impacts associated with 

the NuSTAR mission will not 

individually or cumulatively have a 

significant impact on the quality of the 

human environment. Therefore, an 

Environmental Impact Statement is not 

required. In making this determination, 

NASA not only considered that the 

NuSTAR mission satisfies the criteria 

set forth in the NRP EA for spacecraft 

impacts, but it considered the potential 

site specific impacts of the NuSTAR 

mission set forth and detailed in the 

DOT documentation identified above. 

The environmental documentation 

that supports and serves as a basis for 

this FONSI may be reviewed at the 

following locations: 

Alele Public Library, P.O. Box 629, 

Majuro, Republic of the Marshall 

Islands 96960. 

Grace Sherwood and Roi-Namur 

Libraries, P.O. Box 23, Kwajalein, 

Marshall Islands APO, A.P. 96555. 

The environmental documentation 

may also be examined at the following 

locations by contacting the pertinent 

Freedom of Information Act Office: 

(a) NASA, John F. Kennedy Space 

Center, FL 32899 (321–867–2745); 

(b) NASA, Ames Research Center, 

Moffett Field, CA 94035 (650–604– 

3273); 

(c) NASA, Dryden Flight Research 

Center, Edwards, CA 93523 (661–276– 

2704); 

(d) NASA, Glenn Research Center at 

Lewis Field, Cleveland, OH 44135 (1– 

866–404–3642); 

(e) NASA, Goddard Space Flight 

Center, Greenbelt, MD 20771 (301–286– 

4721); 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31073 

(f) NASA, John C. Stennis Space 

Center, MS 39529 (228–688–2118); 

(g) NASA, Lyndon B. Johnson Space 

Center, Houston, TX 77058 (281–483– 

8612); 

(h) NASA, Langley Research Center, 

Hampton, VA 23681 (757–864–2497); 

(i) NASA, Michoud Assembly 

Facility, New Orleans, LA 70189 (504– 

257–2629); and 

(j) NASA, White Sands Test Facility, 

Las Cruces, NM 88004 (505–524–5024); 

(k) Jet Propulsion Laboratory, Visitors 

Lobby, Building 249, 4800 Oak Grove 

Drive, Pasadena, CA 91109. 

Limited hard copies of the specific 

environmental documentation named 

below that supports this FONSI are 

available on a first-request basis by 

contacting Mark Sistilli at the address, 

telephone number, and e-mail address 

indicated wherein. 

References 

A complete list of all references cited 

in this rule is available on the Internet 

at http://oim.hq.nasa.gov/oia/emd/ 

ep.html or by e-mailing a request to 

nepa@hq.nasa.gov. 

Edward J. Weiler, 

Associate Administrator for Science Mission 

Directorate. 

[FR Doc. E9–15203 Filed 6–26–09; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0262] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–3037. 

FOR FURTHER INFORMATION CONTACT: 

Margie Kotzalas, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: (301) 492– 

3202, e-mail Margie.Kotzalas@nrc.gov, 

or, R.A. Jervey, telephone (301) 251– 

7404, e-mail Richard.Jervey@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information and 

methods that are acceptable to the NRC 

staff for implementing specific parts of 

the NRC’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. 

The draft regulatory guide (DG), 

entitled, ‘‘Guidance for Fuel Cycle 

Facility Change Processes,’’ is 

temporarily identified by its task 

number, DG–3037, which should be 

mentioned in all related 

correspondence. DG–3037 will be a new 

regulatory guide. 

Title 10 of the Code of Federal 

Regulations, Part 70, ‘‘Domestic 

Licensing of Special Nuclear Material’’ 

(10 CFR Part 70) contains the 

regulations for fuel cycle facility 

licensees that possess greater than a 

critical mass of special nuclear material 

and are engaged in enriched uranium 

processing, fabrication of uranium fuel 

or fuel assemblies, uranium enrichment, 

enriched uranium hexafluoride 

conversion, plutonium processing, and 

fabrication of mixed-oxide fuel or fuel 

assemblies. 

Subsection (a) of 10 CFR 70.72, 

‘‘Facility changes and change process,’’ 

requires that fuel cycle facility licensees 

establish a configuration management 

system to evaluate, implement, and 

track each change to the site, structures, 

processes, systems, equipment, 

components, computer programs, and 

activities of personnel. Such changes 

may be made by the licensee without 

prior approval of the NRC, provided that 

the changes meet the criteria of 10 CFR 

70.72(c). DG–3037 provides guidance on 

how to meet the requirements of 10 CFR 

70.72(c). 

II. Further Information 

The NRC staff is soliciting comments 

on DG–3037. Comments may be 

accompanied by relevant information or 

supporting data and should reference 

DG–3037 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Personal information will not be 

removed from your comments. You may 

submit comments by any of the 

following methods: 

1. Mail comments to: Rulemaking and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

2. E-mail comments to: 

nrcrep.resource@nrc.gov. 

Requests for technical information 

about DG–3037 may be directed to the 

NRC contact, Margie Kotzalas at (301) 

492–3202 or e-mail to 

Margie.Kotzalas@nrc.gov. 

Comments would be most helpful if 

received by August 17, 2009. Comments 

received after that date will be 

considered if it is practical to do so, but 

the NRC is able to ensure consideration 

only for comments received on or before 

this date. Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–3037 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091200493. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at 11555 Rockville Pike, 

Rockville, Maryland. 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) 397–4205, by fax at (301) 415– 

3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 22nd 

day of June, 2009. For the Nuclear Regulatory 

Commission. 

M.P. Orr, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–15279 Filed 6–26–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28769; File No. 812–13633] 

Embarcadero Funds, Inc., et al.; Notice 

of Application 

June 22, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’ or ‘‘1940 Act’’) for 

an exemption from section 15(a) of the 

Act and rule 18f–2 under the Act, as 

well as from certain disclosure 

requirements. 

SUMMARY OF APPLICATION: Applicants 

request an order that would permit them 


sroberts on PROD1PC70 with NOTICES