Tuesday, November 17, 2009

Environmental Federal Register, Vol. 74, No. 220, November 17, 2009

 
Federal Register
Vol. 74, No. 220
Tuesday, November 17, 2009
 
 
There are 11 announcements in this issue
 
    1. ALL - FR. EPA. Technical Amendment of Cross-Media Electronic Reporting Rule
 
    2. ALL - ICR. EPA. Agency Information Collection Activities, OMB Responses To Multiple Agency Requests
 
    3. REMED - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Cooperative Agreements and Superfund State Contracts for Superfund Response Actions (Renewal); EPA ICR No. 1487.10, OMB Control No. 2050-0179
 
    4. REMED - ND. EPA. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs
 
    5. AIR - ND. EPA. Final Notice of Data Availability Concerning Compliance
Supplement Pool Allowance Allocations Under the Clean Air Interstate Rule Federal Implementation Plan
 
    6. ALL - ND. EPA. Office of Environmental Information; Announcement of Availability and Comment Period for Revised Environmental Sampling, Analysis and Results Data Standards (ESAR)
 
    7. HAZ/Nuclear - ND. DOE. Letter From the Secretary of Energy Accepting Defense Nuclear Facilities Safety Board (Board) Recommendation 2009-1
 
    8. ENERGY/Coal - NM. DOE. National Coal Council
 
    9. ENERGY - NF. DOE. U.S.-China Clean Energy Research Center (CERC)
 
  10. ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
 
  11. MI-ENERGY/Nuclear - ND. NRC. Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Unit 1; Exemption
 
 
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: ALL - FR. EPA. Technical Amendment of Cross-Media Electronic Reporting Rule
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Rules and Regulations]              
[Page 59104-59106]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8980-7]
RIN 2025-AA26

Technical Amendment of Cross-Media Electronic Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is amending the Final Cross-Media Electronic Reporting
Rule (CROMERR) to exclude from the regulation all documents and
information submitted electronically to EPA by applicants for, and
recipients of grants, cooperative agreements and other forms of
financial assistance pursuant to EPA financial assistance regulations.

DATES: This final rule is effective on November 17, 2009.

ADDRESSES: EPA has established a docket for this action under No. EPA-
HQ-OEI-2003-0001. All documents in the docket are listed on the http://
www.regulations.gov
Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov
or in hard copy at the CROMERR Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
CROMERR Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, Office of Environmental
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; (202) 566-1697; huffer.evi@epa.gov,
or David Schwarz, Office of Environmental Information (2823T),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; (202) 566-1704; schwarz.david@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: ALL - ICR. EPA. Agency Information Collection Activities, OMB Responses To Multiple Agency Requests
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59162]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-9]

Agency Information Collection Activities, OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Rick Westlund (202) 566-1682, or e-
mail at westlund.rick@epa.gov and please refer to the appropriate EPA
Information Collection Request (ICR) Number.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: REMED - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Cooperative Agreements and
Superfund State Contracts for Superfund Response Actions (Renewal); EPA ICR No. 1487.10, OMB Control No. 2050-0179
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59162-59163]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0008; FRL-8981-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Cooperative Agreements and
Superfund State Contracts for Superfund Response Actions (Renewal); EPA
ICR No. 1487.10, OMB Control No. 2050-0179

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before December 17,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2004-0008, to (1) EPA online using http://www.regulations.gov
(our preferred method), by email to superfund.docket@epa.gov, or by
mail to: EPA Docket Center, Environmental Protection Agency, Superfund
Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and (2) OMB by mail to: Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: David Yogi, Office of Solid Waste and
Emergency Response, Assessment and Remediation Division, (5204 P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 347-8835; fax number:
(703) 603-9112; e-mail address: yogi.david@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: REMED - ND. EPA. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59163-59172]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2009-0827; FRL-8980-6]

Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding
Guidance for State and Tribal Response Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA will begin to accept requests, from December 1, 2009
through January 31, 2010, for grants to supplement State and Tribal
Response Programs. This notice provides guidance on eligibility for
funding, use of funding, grant mechanisms and process for awarding
funding, the allocation system for distribution of funding, and terms
and reporting under these grants. EPA has consulted with state and
tribal officials in developing this guidance.
    The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements and a public record. Another goal is to provide
funding for other activities that increase the number of response
actions conducted or overseen by a state or tribal response program.
This funding is not intended to supplant current state or tribal
funding for their response programs. Instead, it is to supplement their
funding to increase their response capacity.
    For fiscal year 2010, EPA will consider funding requests up to a
maximum of $1.5 million per state or tribe. Subject to the availability
of funds, EPA regional personnel will be available to provide technical
assistance to states and tribes as they apply for and carry out these
grants.

DATES: This action is effective as of December 1, 2009. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2010.

ADDRESSES: Mailing addresses for U.S. EPA Regional Offices and U.S. EPA
Headquarters can be located at www.epa.gov/brownfields.

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste
and Emergency Response, Office of Brownfields and Land Revitalization;
(202) 566-2777.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 5


Subject: AIR - ND. EPA. Final Notice of Data Availability Concerning Compliance
Supplement Pool Allowance Allocations Under the Clean Air Interstate Rule Federal Implementation Plan
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59172]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0430; FRL-8977-8]

Final Notice of Data Availability Concerning Compliance
Supplement Pool Allowance Allocations Under the Clean Air Interstate
Rule Federal Implementation Plan.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

-----------------------------------------------------------------------

SUMMARY: EPA is administering--under the Clean Air Interstate Rule
(CAIR) Federal Implementation Plans (FIPs)--the CAIR NOX
Annual Trading Program Compliance Supplement Pool (CAIR CSP) for the
States of Delaware, Louisiana, Maryland, Pennsylvania, and Wisconsin.
The CAIR FIPs require the Administrator to determine by order the CAIR
CSP allowance allocations for units in these States whose owners and
operators requested and qualify for these allocations and to provide
the public with the opportunity to object to the determinations of
allocations and denials of allocations. On August 6, 2009, EPA issued a
NODA setting forth such determinations in the Federal Register and
provided an opportunity for submission of objections. Through the NODA
issued today, EPA is making available to the public the Agency's
determinations, after considering all objections, of CAIR CSP allowance
allocations and denials of such allocations under the FIPs, as well as
the data upon which the allocations and denials of allocations were
based.

DATES: Under Sec.  97.143(d)(5), EPA must record, by January 1, 2010,
the CSP allowance allocations, consistent with this NODA, in the
compliance accounts of units whose owners and operators successfully
applied for a CSP allowance allocation under the CAIR FIPs.
    Docket: EPA established a docket for this action at http://
www.regulations.gov
under docket ID No. EPA-HQ-OAR-2009-0430. All
documents in the docket (including documents showing EPA's
determinations of CAIR CSP allowance allocations and denials of
allocations and the data upon which the allocations and denial of
allocations were based) are listed in the http://www.regulations.gov
index. Docket materials are available either electronically at http://
www.regulations.gov
or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m, Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the Air Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action
should be addressed to Robert L. Miller, EPA Headquarters, CAMD
(6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone
(202) 343-9077, and e-mail miller.robertl@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: ALL - ND. EPA. Office of Environmental Information; Announcement of Availability and Comment Period for Revised Environmental Sampling, Analysis and
Results Data Standards (ESAR)
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59183]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2009-0795, FRL-8976-8]

Office of Environmental Information; Announcement of Availability
and Comment Period for Revised Environmental Sampling, Analysis and
Results Data Standards (ESAR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

-----------------------------------------------------------------------

SUMMARY: Notice of availability for a 30 day review and comment period
is hereby given for six revised data standards--Well Information Data
Standard, ESAR: Field Activity, ESAR: Monitoring Location, ESAR:
Analysis and Results, ESAR: Project and Quality Assurance and Quality
Control Data Standards.
    ESAR, along with the suite of related data standards, enhances the
availability and exchange of monitoring data used for environmental
decision-making. Biological related data elements are largely missing
from ESAR and given the importance and interest in these data, the
Environmental Council of States (ECOS) and US EPA worked together to
adapt/incorporate two Advisory Committee on Water Information (ACWI)
approved standards into ESAR.
    The ACWI approved Water Quality Data Elements for Reporting Results
of Populations/Community Biological Assessments and Toxicity Test
Analyses (TOX and POP) has been adapted for inclusion in ESAR

DATES: Comments must be received on or before December 17, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2009-0795 by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail: oei-docket@epa.gov
    Fax: 202-566-1753
    Mail: Announcement of Availability and Comment Period for
Revised, Environmental Sampling, Analysis and Results Data Standards
(ESAR), Environmental Protection Agency, Mail code: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
four copies.
    Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Please include
a total of four copies. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.  

FOR FURTHER INFORMATION CONTACT: Michael Pendleton, Information
Exchange & Services Division, Office of Environmental Information, U.S.
EPA, 1200 Pennsylvania Ave., NW., MC 2823T; Washington, DC 20460; phone
202-566-1658; fax 202-566-1684; e-mail: Pendleton.michael@epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 7


Subject: HAZ/Nuclear - ND. DOE. Letter From the Secretary of Energy Accepting Defense Nuclear Facilities Safety Board (Board) Recommendation 2009-1
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59143]

DEPARTMENT OF ENERGY

Letter From the Secretary of Energy Accepting Defense Nuclear
Facilities Safety Board (Board) Recommendation 2009-1

AGENCY: Department of Energy.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) is making available the
November 3, 2009, Secretary's letter to the Board accepting the Board's
recommendation 2009-1 regarding quantitative risk assessment at defense
nuclear facilities.

ADDRESSES: U.S. Department of Energy, HS-1.1, 1000 Independence Ave.,
SW., Washington, DC 20585.

SUPPLEMENTARY INFORMATION: DOE is making this letter available for
public information and solicits comments from the public. Comments may
be sent to the address above. The text of the document is below. It may
also be viewed at: http://www.hss.energy.gov/deprep/default.asp.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 8


Subject: ENERGY/Coal - NM. DOE. National Coal Council
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59143-59144]

DEPARTMENT OF ENERGY

National Coal Council

AGENCY: Department of Energy.

ACTION: Notice of Open Meeting.

-----------------------------------------------------------------------

SUMMARY: This notice announces a meeting of the National Coal Council
(NCC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat.
770) requires that public notice of these meetings be announced in the
Federal Register.

DATES: Friday December 4, 2009; 9 a.m. to 12 p.m.

ADDRESSES: W Hotel, 515 15th Street NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Michael J. Ducker, U.S. Department of
Energy; 4G-036/Forrestal Building, 1000 Independence Avenue, SW.,
Washington, DC 20585-1290; Telephone: 202-586-7810.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 9


Subject: ENERGY - NF. DOE. U.S.-China Clean Energy Research Center (CERC)
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59144]

DEPARTMENT OF ENERGY

U.S.-China Clean Energy Research Center (CERC)

AGENCY: Department of Energy.

ACTION: Notice of intent to issue Funding Opportunity Announcement and
availability of Request for Information (RFI).

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) intends to issue a Funding
Opportunity Announcement (FOA) in early January 2010 for management of
parts of the U.S.-China Clean Energy Research Center (CERC).

FOR FURTHER INFORMATION CONTACT: For further information or to obtain a
copy of this Request for Information (RFI), please contact DOE at
CERC@hq.doe.gov or call 202-586-5800. The RFI is also available on
DOE's Web site at http://www.energy.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 10


Subject: ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59240]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-FHC-2009-N249; 94300-1122-0000-Z2]

Wind Turbine Guidelines Advisory Committee; Announcement of
Public Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), will host a
Wind Turbine Guidelines Advisory Committee (Committee) meeting December
1-3, 2009. The meeting is open to the public. The meeting agenda will
include discussion of the current draft Recommendations to the
Secretary.

DATES: The meeting is scheduled for December 1-3, 2009. The sessions
will be 8 a.m. to 5:30 p.m. December 1-2, and 8 a.m. to 3:30 p.m.
December 3.

ADDRESSES: We will hold the meeting at the U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia, 22203.
For more information, see ``Meeting Location Information'' under
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Rachel London, Division of Habitat and
Resource Conservation, U.S. Fish and Wildlife Service, (703) 358-2161.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 11


Subject: MI-ENERGY/Nuclear - ND. NRC. Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Unit 1; Exemption
 
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]              
[Page 59269-59270]

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0503l; Docket No. 50-315]

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant,
Unit 1; Exemption

1.0 Background

    The Indiana Michigan Power Company (the licensee) is the holder of
Facility Operating License Nos. DPR-58, which authorizes operation of
the Donald C. Cook Nuclear Plant, Unit 1 (CNP-1). The license provides,
among other things, that the facility is subject to all rules,
regulations, and orders of the Nuclear Regulatory Commission (NRC, the
Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors located in
Berrien County in Michigan.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), part 26,
section 205(d)(4) [10 CFR 26.205(d)(4)] provides that during the first
60 days of a unit outage, licensees need not meet the requirements of
10 CFR 26.205(d)(3) for individuals specified in 10 CFR 26.4(a)(1)
through 10 CFR 26.4(a)(4), while those individuals are working on
outage activities. However, 10 CFR 26.205(d)(4) also provides that the
licensee shall ensure that the individuals specified in 10 CFR
26.4(a)(1) through (a)(3) have at least 3 days off in each successive
(i.e., non-rolling) 15-day period and that the individuals specified in
10 CFR 26.4(a)(4) have at least 1 day off in any 7-day period.
    The less restrictive requirements of 10 CFR 26.205(d)(4) would be
applied following a period of normal plant operation in which the
workload and overtime levels are controlled by 10 CFR 26.205(d)(3). As
stated in 10 CFR 26.205(d)(4), the less restrictive work hour
requirements are permitted during the first 60 days of a unit outage.
Since the current CNP-1 extended outage commenced in September 2008,
the first 60 days of the unit outage have already elapsed.
    The licensee adopted the regulations of 10 CFR 26, subpart I, on
October 1, 2009, and has been controlling work hours accordingly. The
proposed scheduler exemption would allow the less restrictive working
hours of 10 CFR 26.205(d)(4) during a 60-day period beginning within
three days of issuance of the exemption, rather than during the first
60 days of the current unit outage (which commenced in September 2008).
The exemption would include those operations and maintenance personnel
required to support outage-related activities, including preparations
for unit restart. The licensee would ensure that the affected
individuals in these departments would not work excessive overtime
during the period immediately preceding the application of 10 CFR
26.205(d)(4).
    The exemption would continue to serve the underlying purpose of 10
CFR 26, subpart I, in that assurance would be provided such that
cumulative fatigue of individuals to safely and competently perform
their duties will not be compromised. . .
4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR
26.9, the exemption is authorized by law, will not endanger life or
property nor present an undue risk to the public health and safety, is
consistent with the common defense and security, and is otherwise in
the public interest. Therefore, the Commission hereby grants Indiana
Michigan Power Company an exemption from the requirements of 10 CFR
26.205(d)(4) for the Donald C. Cook Nuclear Plant, Unit 1. . .
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: