34802 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

(without giving effect to conflicts of law 

principles thereof). All actions or 

proceedings arising directly or 

indirectly from or in connection with 

these Rates and Terms shall be litigated 

only in the United States District Court 

for the District of Columbia located in 

Washington, D.C. SoundExchange and 

Commercial Webcasters consent to the 

jurisdiction and venue of the foregoing 

court and consent that any process or 

notice of motion or other application to 

said court or a judge thereof may be 

served inside or outside the District of 

Columbia by registered mail, return 

receipt requested, directed to the person 

for which it is intended at its last known 

address (and service so made shall be 

deemed complete five (5) days after the 

same has been posted as aforesaid) or by 

personal service or in such other 

manner as may be permissible under the 

rules of that court. 

7.2 Rights Cumulative. The remedies 

provided in these Rates and Terms and 

available under applicable law shall be 

cumulative and shall not preclude 

assertion by any party of any other 

rights or the seeking of any other 

remedies against another party hereto. 

These Rates and Terms shall not 

constitute a waiver of any violation of 

Section 112 or 114 or their 

implementing regulations (except to the 

extent such implementing regulations 

are inconsistent with these Rates and 

Terms). No failure to exercise and no 

delay in exercising any right, power or 

privilege shall operate as a waiver of 

such right, power or privilege. No single 

or partial exercise of any right, power or 

privilege granted under these Rates and 

Terms or available under applicable law 

shall preclude any other or further 

exercise thereof or the exercise of any 

other right, power or privilege. No 

waiver by any party of full performance 

by another party in any one or more 

instances shall be a waiver of the right 

to require full and complete 

performance of these Rates and Terms 

and of obligations under applicable law 

thereafter. 

7.3 Entire Agreement. These Rates 

and Terms represent the entire and 

complete agreement between 

SoundExchange and a Commercial 

Webcaster with respect to the subject 

matter hereof and supersede all prior 

and contemporaneous agreements and 

undertakings of SoundExchange and a 

Commercial Webcaster with respect to 

the subject matter hereof. 

[FR Doc. E9–17092 Filed 7–16–09; 8:45 am] 

BILLING CODE 1410–30–S 

MISSISSIPPI RIVER COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETINGS: 

Mississippi River Commission 

TIME AND DATE: 9 a.m., August 14, 2009. 

PLACE: On board MISSISSIPPI V at City 

Front, St. Louis, MO. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the St. Louis 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., August 17, 2009. 

PLACE: On board MISSISSIPPI V at River 

Park, Tiptonville, TN. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Memphis 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., August 18, 2009. 

PLACE: On board MISSISSIPPI V at Mud 

Island, Memphis, TN. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Memphis 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., August 19, 2009. 

PLACE: On board MISSISSIPPI V at City 

Front, Greenville, MS. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Vicksburg 

District, and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9 a.m., August 21, 2009. 

PLACE: On board MISSISSIPPI V at Port 

Commission Dock, Morgan City, LA. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the New Orleans 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

CONTACT PERSON FOR MORE INFORMATION: 

Mr. Stephen Gambrell, telephone 601– 

634–5766. 

George T. Shepard, 

Colonel, EN, Secretary, Mississippi River 

Commission. 

[FR Doc. E9–17157 Filed 7–15–09; 11:15 am] 

BILLING CODE 3720–58–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Materials 

Research; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463 as amended), the National Science 

Foundation announces the following 

meeting: 

Name: Site visit review of the Materials 

Research Science and Engineering Center 

(MRSEC) at Cornell University by NSF 

Division of Materials Research (DMR) #1203. 

Dates and Times: Sunday, August 23, 

2009; 6 p.m.–9 p.m., Monday, August 24, 

2009; 7:45 a.m.–9 p.m., Tuesday, Aug 25, 

2009; 8 a.m.–4:30 p.m. 

Place: Ithaca, NY. 

Type of Meeting: Part-Open. 

Contact Person: Dr. Thomas Rieker, 

Program Director, Materials Research Science 

and Engineering Centers Program, Division of 

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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34803 

Materials Research, Room 1065, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, Telephone (703) 292– 

4914. 

Purpose of Meeting: To provide advice and 

recommendations concerning further support 

of the MRSEC at Cornell University. 

Agenda 

Sunday, Aug 23, 2009 

6 p.m.–7 p.m. Closed—Executive Session. 

7 p.m.–9 p.m. Open—Poster Session. 

Monday, Aug 24, 2009 

7:45 a.m.–4:45 p.m. Open—Review of the 

Cornell MRSEC. 

4:45 p.m.–6:30 p.m. Closed—Executive 

Session. 

6:30 p.m.–9 p.m. Open—Dinner. 

Tuesday, Aug 25, 2009 

8 a.m.–9 a.m. Closed—Executive session. 

9 a.m.–10:45 a.m. Open—Review of the 

Cornell MRSEC. 

10:45 a.m.–4:30 p.m. Closed—Executive 

Session, Draft and Review Report. 

Reason for Closing: The work being 

reviewed may include information of a 

proprietary or confidential nature, including 

technical information; financial data, such as 

salaries and personal information concerning 

individuals associated with the proposals. 

These matters are exempt under 5 U.S.C. 552 

b(c), (4) and (6) of the Government in the 

Sunshine Act. 

Dated: July 14, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–17028 Filed 7–16–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. STN 50–528, STN 50–529, and 

STN 50–530; NRC–2009–0316] 

Arizona Public Service Company, et 

al.; Palo Verde Nuclear Generating 

Station, Units 1, 2, and 3; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption from Title 10 

of the Code of Federal Regulations (10 

CFR) Part 55, Section 55.47, for Facility 

Operating License Nos. NPF–41, NPF– 

51, and NPF–74, issued to the Arizona 

Public Service Company (APS, or the 

licensee), for operation of the Palo 

Verde Nuclear Generating Station 

(PVNGS, the facility) Units 1, 2, and 3, 

respectively, located in Maricopa 

County, Arizona. Therefore, as required 

by 10 CFR 51.21, the NRC is issuing this 

environmental assessment and finding 

of no significant impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would allow Mr. 

Mark A. Sharp, who was licensed as a 

senior reactor operator (SRO) at the 

PVNGS from December 1996 to 

December 2006, to be re-licensed as an 

SRO at the PVNGS without having to 

take and pass the NRC-required written 

examination or operating test specified 

in 10 CFR 55.43 or 10 CFR 55.45, 

respectively. The proposed action 

would exempt the SRO license 

candidate from meeting one specific 

criterion of 10 CFR 55.47, which allows 

NRC to grant waivers of the testing 

requirements. 

The proposed action is in accordance 

with the licensee’s application for 

exemption dated February 6, 2009 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML091550607). 

The Need for the Proposed Action 

The proposed exemption would allow 

Mr. Mark A. Sharp to re-obtain an SRO 

license at PVNGS without the need to 

take the NRC-administered written 

examination and operating tests 

required by 10 CFR 55.43 and 10 CFR 

55.45, respectively. The NRC is 

authorized to grant a waiver from these 

requirements by 10 CFR 55.47; however, 

the operator license candidate in this 

case did not meet one specific waiver 

criterion, 10 CFR 55.47(a)(1), which 

requires that the candidate have 

extensive actual operating experience at 

PVNGS (or a comparable facility) within 

2 years before the date of application. 

Therefore, an exemption to this waiver 

criterion was requested by APS to allow 

Mr. Sharp to receive his SRO license 

and resume licensed operator duties at 

PVNGS more quickly than he could if 

he had to take and pass the NRCadministered examinations, which are 

currently scheduled for November 2009. 

APS has initiated an effort to increase 

the number of licensed operators at 

PVNGS, in response to an NRC violation 

involving the excessive use of operator 

overtime, and the granting of this 

exemption would further that effort. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its 

environmental evaluation of the 

proposed action and concludes that relicensing Mr. Sharp as a senior reactor 

operator at PVNGS without his taking 

and passing an NRC licensing 

examination will not result in an 

adverse impact on the environment. The 

details of the staff’s safety evaluation 

will be provided in the exemption that 

will be issued as part of the letter to the 

licensee approving the exemption to the 

regulation. 

The proposed action will not 

significantly increase the probability or 

consequences of accidents. No changes 

are being made in the types of effluents 

that may be released offsite. There is no 

significant increase in the amount of 

any effluent released offsite. There is no 

significant increase in occupational or 

public radiation exposure. Therefore, 

there are no significant radiological 

environmental impacts associated with 

the proposed action. 

With regard to potential nonradiological impacts, the proposed 

action does not have a potential to affect 

any historic sites. It does not affect nonradiological plant effluents and has no 

other environmental impact. Therefore, 

there are no significant non-radiological 

environmental impacts associated with 

the proposed action. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered denial of the 

proposed exemption (i.e., the ‘‘noaction’’ alternative). Denial of the 

application for exemption would result 

in no change in current environmental 

impacts. Thus the environmental 

impacts of the proposed action and the 

alternative action are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement for the Palo 

Verde Nuclear Generating Station, Units 

1, 2, and 3, NUREG–0841, dated 

February 1982. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on June 3, 2009, the staff consulted with 

the Arizona State official, Mr. Aubrey 

Godwin of the Arizona Radiation 

Regulatory Agency, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

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