Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37063 

DATES: Comments must be received by 

August 10, 2009. 

ADDRESSES: Submit comments by one of 

the following methods: 

• Web site: http:// 

www.regulations.gov. 

• Web site: http:// 

www.whitehouse.gov/open. Click the 

link to ‘‘Federal Web sites Cookie Policy 

Forum’’ and follow the instructions for 

submitting comments electronically. 

• E-mail: 

oira_submission@omb.eop.gov. 

• Fax: (202) 395–7245 

Comments submitted in response to 

this notice will be made available to the 

public through the relevant Web sites. 

For this reason, please do not include in 

your comments information of a 

confidential nature, such as sensitive 

personal information or proprietary 

information. If you send an e-mail 

comment, your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. 

Relevant comments submitted 

through the White House Open 

Government Initiative will be taken into 

consideration alongside those received 

in response to this notice. 

FOR FURTHER INFORMATION CONTACT: 

Mabel Echols, Office of Information and 

Regulatory Affairs, Records 

Management Center, Office of 

Management and Budget, Room 10102, 

NEOB, 725 17th Street, NW., 

Washington, DC 20503. Telephone: 

(202) 395–6880. 

Copies of OMB memoranda M–00–13 

and M–03–22 are available on OMB’s 

Web site at http://www.whitehouse.gov/ 

omb/memoranda_default/. 

SUPPLEMENTARY INFORMATION: On June 

22, 2000, OMB issued memorandum M– 

00–13, which was later updated by 

memorandum M–03–22, prohibiting the 

use of Web tracking technologies unless 

the agency head approves the use of 

these technologies due to a compelling 

need. 

During the past nine years, Web 

tracking technologies have become a 

staple on most commercial Web sites 

with widespread public acceptance of 

their use. Technologies such as 

persistent cookies enable Web sites to 

remember a visitor’s preferences and 

settings, allowing for a more 

personalized, user-friendly experience. 

Moreover, such technologies are 

necessary for accurate analytics of Web 

traffic, which helps to inform decisions 

about how to improve a Web site so that 

it can better serve the public. 

While the benefits of using Web 

tracking technologies are clear, OMB is 

acutely aware of, and sensitive to, the 

privacy questions raised by the use of 

such technologies. Any evaluation of 

revisions to the current prohibition 

must consider, and address, potential 

risks to privacy. 

Under a framework that we are 

considering, any Federal agency using 

Web tracking technologies on a Federal 

Government Web site would be subject 

to basic principles governing the use of 

such technologies and would be 

required to: 

• Adhere to all existing laws and 

policies (including those designed to 

protect privacy) governing the 

collection, use, retention, and 

safeguarding of any data gathered from 

users; 

• Post clear and conspicuous notice 

on the Web site of the use of Web 

tracking technologies; 

• Provide a clear and understandable 

means for a user to opt-out of being 

tracked; and 

• Not discriminate against those users 

who decide to opt-out, in terms of their 

access to information. 

OMB is currently considering the 

application of a three-tiered approach to 

the use of Web tracking technologies on 

Federal Government Web sites. A set of 

tiers that we are considering would be: 

1st Single-session technologies— 

which track users over a single session 

and do not maintain tracking data over 

multiple sessions or visits; 

2nd Multi-session technologies for 

use in Web analytics—which track users 

over multiple sessions purely to gather 

data to analyze Web traffic statistics; 

and 

3rd Multi-session technologies for use 

as persistent identifiers—which track 

users over multiple visits with the 

intent of remembering data, settings, or 

preferences unique to that visitor for 

purposes beyond what is needed for 

Web analytics. 

It is anticipated that there would be 

more stringent restrictions or review of 

the uses of such technologies within the 

tiers that have higher privacy risks 

associated with them. 

OMB invites public comment on the 

framework that should govern Federal 

agency use of Web tracking 

technologies, including such topics as: 

• The appropriate tiers; 

• The acceptable use and restrictions 

of each tier; 

• The basic principles governing the 

use of such technologies; 

• The degree of clear and 

conspicuous notice on each Web site 

that Web tracking technologies are being 

used; 

• The applicability and scope of such 

a framework on Federal agency use of 

third-party applications or Web sites; 

• The choice between an opt-in 

versus opt-out approach for users; 

• Unintended or non-obvious privacy 

implications; and 

• Any other general comments with 

respect to this issue. 

Kevin F. Neyland, 

Acting Administrator, Office of Information 

and Regulatory Affairs. 

[FR Doc. E9–17756 Filed 7–24–09; 8:45 am] 

BILLING CODE 3110–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2009–0133] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

March 27, 2009. 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: 10 CFR Part 40, Domestic 

Licensing of Source Material. 

3. Current OMB approval number: 

3150–0020. 

4. The form number if applicable: 

N/A. 

5. How often the collection is 

required: On occasion. Reports required 

under 10 CFR Part 40 are collected and 

evaluated on a continuing basis as 

events occur. There is a one-time 

submittal of information to receive a 

license. Renewal applications need to be 

submitted every 5 to 10 years. 

Information in previous applications 

may be referenced without being 

resubmitted. In addition, recordkeeping 

must be performed on an on-going basis. 

6. Who will be required or asked to 

report: 10 CFR Part 40: Applicants for 

and holders of NRC licenses authorizing 

the receipt, possession, use, or transfer 


jlentini on DSKJ8SOYB1PROD with NOTICES
37064 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

of radioactive source and byproduct 

material. 

7. An estimate of the number of 

annual responses: 894 (273 NRC 

Licensees [68 NRC responses + 205 NRC 

Recordkeepers] + 621 Agreement State 

Licensees [349 Agreement State 

responses + 272 Agreement State 

recordkeepers]). 

8. The estimated number of annual 

respondents: 340 (68 NRC Licensees + 

272 Agreement State Licensees). 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 65,418 total 

hours [20,769 for NRC Licensees (16,067 

hours for reporting and 4,702 hours for 

recordkeeping) and 44,649 for 

Agreement State Licensees (26,923 

hours for reporting and 17,726 hours for 

recordkeeping)]. 

10. Abstract: 10 CFR Part 40 

establishes requirements for licenses for 

the receipt, possession, use and transfer 

of radioactive source and byproduct 

material. The application, reporting and 

recordkeeping requirements are 

necessary to permit the NRC to make a 

determination on whether the 

possession, use, and transfer of source 

and byproduct material is in 

conformance with the Commission’s 

regulations for protection of public 

health and safety. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, 

Maryland 20852. OMB clearance 

requests are available at the NRC 

worldwide Web site: http:// 

www.nrc.gov/public-involve/doccomment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by August 26, 2009. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

NRC Desk Officer, Office of 

Information and Regulatory Affairs 

(3150–0020), NEOB–10202, Office of 

Management and Budget, Washington, 

DC 20503. 

The Acting NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 20th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. E9–17789 Filed 7–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0316; Docket Nos. STN 50–528, 

STN 50–529, and STN 50–530] 

Arizona Public Service Company, et 

al.; Palo Verde Nuclear Generating 

Station, Units 1, 2, and 3; Exemption 

1.0 Background 

The Arizona Public Service Company 

(APS, the facility licensee) is the holder 

of Facility Operating License Nos. NPF– 

41, NPF–51, and NPF–74, which 

authorize operation of the Palo Verde 

Nuclear Generating Station (PVNGS, the 

facility), Units 1, 2, and 3, respectively. 

The licenses provide, among other 

things, that the PVNGS is subject to all 

rules, regulations, and orders of the 

Nuclear Regulatory Commission (NRC, 

or the Commission) now or hereafter in 

effect. 

The facility consists of three 

pressurized-water reactors located 55 

miles west of Phoenix, in Maricopa 

County, Arizona. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 55, 

‘‘Operators’ Licenses,’’ specifies the 

requirements and procedures governing 

the issuance of licenses to operators and 

senior operators of utilization facilities 

licensed under the Atomic Energy Act 

of 1954, as amended, or Section 202 of 

the Energy Reorganization Act of 1974, 

as amended, and 10 CFR part 50, part 

52, or part 54 of the Commission’s 

regulations. Section 55.11, ‘‘Specific 

exemptions,’’ of 10 CFR states that the 

Commission may, upon application by 

an interested person, or upon its own 

initiative, grant such exemptions from 

the requirements of the regulations in 

this part as it determines are authorized 

by law and will not endanger life or 

property and are otherwise in the public 

interest. 

The specific requirements for written 

examinations and operating tests for 

senior operator candidates are described 

in 10 CFR 55.43, ‘‘Written examination: 

Senior operators,’’ and 10 CFR 55.45, 

‘‘Operating tests,’’ respectively. 10 CFR 

55.47, ‘‘Waiver of examination and test 

requirements,’’ provides the criteria 

under which the Commission may 

waive any or all of the test 

requirements, upon application by a 

facility licensee. 

By letter dated February 6, 2009, APS 

requested a one-time exemption, in 

accordance with 10 CFR 55.11, 

‘‘Specific exemptions,’’ from the reactor 

operator licensing examination waiver 

requirements of 10 CFR 55.47(a)(1). 

Specifically, the facility licensee 

requested that Mr. Mark A. Sharp be 

exempted from the requirement to have 

extensive actual operating experience at 

PVNGS (or a comparable facility) within 

2 years before the date of application 

(i.e., December 10, 2008), so that he 

would not have to take and pass an 

NRC-administered written examination 

and operating test as a requirement for 

re-licensing as a senior reactor operator 

at PVNGS. 

Mr. Sharp (Docket No. 55–31662) was 

the holder of Senior Reactor Operator 

License No. SOP–43795 from December 

6, 1996, until December 11, 2006. The 

license authorized Mr. Sharp to 

manipulate the controls of the PVNGS 

facility and to direct the licensed 

activities of licensed operators at the 

facility. Mr. Sharp’s license was 

terminated at the request of facility 

management when he resigned his 

employment with APS. 

By letter dated December 10, 2008, 

and in accordance with 10 CFR 55.31, 

APS submitted a new license 

application (NRC Form 398, ‘‘Personal 

Qualification Statement—Licensee’’) on 

behalf of Mr. Sharp. In that letter, APS 

requested, pursuant to 10 CFR 55.47(a), 

that the NRC waive the requirement for 

Mr. Sharp to take and pass an NRCadministered licensing examination 

(including both the written examination 

and operating test) normally required by 

10 CFR 55.33(a)(2) to approve an 

operator license application. In support 

of the request, APS stated that Mr. 

Sharp had previously been licensed at 

PVNGS for approximately 10 years, had 

extensive actual operating experience at 

the facility, had re-enrolled in the 

licensed operator requalification 

training program and made up the 

training that he had missed during his 

absence, and had passed the recently 

administered written requalification 

examination and operating test. As 

holder of the PVNGS facility operating 

license by which Mr. Sharp was 

previously employed and where his 

services would again be utilized, APS 

also provided the certifications of past 

performance and current qualifications 

required by 10 CFR 55.47(b) and (c). 

By letter dated January 29, 2009, the 

NRC notified Mr. Sharp that his request 

for a waiver of the written examination 

and operating test had been denied 

because he did not satisfy the 


jlentini on DSKJ8SOYB1PROD with NOTICES