Withdrawal of Regulatory Guide, 76420-76421 [E8-29724]
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Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices
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 https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
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, the presiding officer, or
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). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
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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. 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 submission.
Tennessee Valley Authority, Docket No.
50–390, Watts Bar Nuclear Plant, Unit
No. 1, Rhea County, Tennessee
Date of amendment request:
November 12, 2008.
Description of amendment request:
The amendment revises Technical
Specification (TS) 3.4.15, ‘‘RCS [Reactor
Coolant System] Leakage Detection
Instrumentation.’’
Date of issuance: November 25, 2008.
Effective date: As of the date of
issuance, to be implemented within 5
days.
Amendment No.: 71.
Facility Operating License No. NPF–
90: The amendment revises the TSs and
the license.
Public comments requested as to
proposed no significant hazards
consideration (NSHC): Yes. Public
notice of the proposed amendments was
published in the The Herald-News
newspaper, located in Dayton,
Tennessee on November 19, 2008. The
notice provided an opportunity to
submit comments on the Commission’s
proposed NSHC determination. No
comments have been received.
The Commission’s related evaluation
of the amendment, finding of exigent
circumstances, state consultation, and
final NSHC determination are contained
in a safety evaluation dated November
25, 2008.
Attorney for licensee: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A,
Knoxville, Tennessee 37902.
NRC Branch Chief: L. Raghavan.
Dated at Rockville, Maryland, this 5th day
of December 2008.
For the Nuclear Regulatory Commission.
Joseph G Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–29450 Filed 12–15–08; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
Withdrawal of Regulatory Guide
AGENCY: Nuclear Regulatory
Commission.
ACTION: Withdrawal of Regulatory Guide
3.38.
FOR FURTHER INFORMATION CONTACT:
Robert G. Carpenter, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
6177 or e-mail to
Robert.Carpenter@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is withdrawing
Regulatory Guide 3.38, ‘‘General Fire
Protection Guide for Fuel Reprocessing
Plants.’’ This guide was released for
comment in June 1976 and provided
guidance on acceptable criteria for fire
protection programs in the design and
construction of fuel reprocessing
facilities. The NRC is withdrawing this
regulatory guide because it is outdated.
There are currently no licensees that
operate fuel reprocessing plants.
Additionally, the staff is considering
amending the regulatory framework for
licensing advanced fuel cycle facilities,
such as a reprocessing facility, and
Regulatory Guide 3.38 is currently not
sufficient guidance for future fuel
reprocessing facilities. The staff will
consider issuing additional guidance in
conjunction with a revised regulatory
framework for licensing a reprocessing
facility.
II. Further Information
The withdrawal of Regulatory Guide
3.38 does not alter any prior or existing
licensing commitments based on its use.
Regulatory guides may be withdrawn
when their guidance is superseded by
congressional action or no longer
provides useful information.
Regulatory guides are available for
inspection or downloading through the
NRC’s public Web site under
‘‘Regulatory Guides’’ in the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/doccollections. Regulatory guides are also
available for inspection at the NRC’s
Public Document Room (PDR), Room
O–1 F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852–
2738. The PDR’s mailing address is US
NRC PDR, Washington, DC 20555–0001.
You can reach the PDR staff by
telephone at 301–415–4737 or 1 800–
397–4209, by fax at 301–415–3548, and
by e-mail to pdr.resource@nrc.gov.
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Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 3rd day
of December 2008.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E8–29724 Filed 12–15–08; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–28530; File No. 812–13563]
TIAA–CREF Life Funds, et al.
December 10, 2008.
sroberts on PROD1PC70 with NOTICES
AGENCY: Securities and Exchange
Commission (the ‘‘Commission’’).
ACTION: Notice of application
(‘‘Application’’) for exemption pursuant
to Section 6(c) of the Investment
Company Act of 1940, as amended (the
‘‘1940 Act’’), from the provisions of
Sections 9(a), 13(a), 15(a) and 15(b) of
the Act and Rules 6e–2(b)(15) and 6e–
3(T)(b)(15) thereunder.
APPLICANTS: TIAA–CREF Life Funds (the
‘‘Trust’’), the TIAA–CREF Life Insurance
Company (‘‘TIAA–CREF Life’’), and
Teachers Advisors, Inc. (‘‘Advisors’’)
(collectively, ‘‘Applicants’’).
SUMMARY OF APPLICATION: Applicants
seek an order to permit shares of the
Trust and shares of any other future
investment company (‘‘Other
Investment Companies’’) that is
designed to fund insurance products
and for which TIAA–CREF Life, or any
of its affiliates, may serve as
administrator, investment manager,
principal underwriter or sponsor (the
Trust and Other Investment Companies
being hereinafter referred to,
collectively, as ‘‘Insurance Investment
Companies’’), or permit shares of any
current or future series of any Insurance
Investment Company (‘‘Insurance
Fund’’), to be sold to and held by: (1)
Separate accounts funding variable
annuity and variable life insurance
contracts issued by both affiliated and
unaffiliated life insurance companies of
TIAA–CREF Life; (2) trustees on behalf
of tax-qualified and certain other
retirement and employee benefit plans
outside of the separate account context
(‘‘Qualified Plans’’ or ‘‘Plans’’); (3)
Advisors and any affiliate of Advisors
that serves as an investment adviser,
manager, principal underwriter,
sponsor, or administrator for the
purpose of providing seed capital to an
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Insurance Fund (collectively, the
‘‘Manager’’); and (4) any insurance
company general account that is
permitted to hold shares of an Insurance
Fund consistent with the requirements
of Treasury Regulation 1.817–5
(‘‘General Account’’) under the
circumstances described in the
Application.
FILING DATE: The Application was filed
on August 13, 2008, and amended and
restated on December 10, 2008.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the Secretary of
the Commission and serving Applicants
with a copy of the request, personally or
by mail. Hearing requests must be
received by the Commission by 5:30
p.m. on January 5, 2009, and should be
accompanied by proof of service on
Applicants in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the requester’s interest, the reason for
the request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary of the
Commission.
Secretary, Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549–1090.
Applicants, c/o Stewart P. Greene, Esq.,
TIAA–CREF Life Funds, 730 Third
Avenue, New York, New York 10017–
3206.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Kosoff, Staff Attorney, at (202)
551–6754 or Harry Eisenstein, Branch
Chief, Office of Insurance Products,
Division of Investment Management, at
(202) 551–6795.
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained for a fee from the
Public Reference Branch of the
Commission, 100 F Street, NE.,
Washington, DC 20549 (202–551–8090).
Applicant’s Representations:
1. Each Insurance Investment
Company is, or will be, registered as an
open-end management investment
company under the 1940 Act. The Trust
(File Nos. 333–61759/811–08961)
currently consists of, and offers shares
of beneficial interest in, ten (10)
investment portfolios that are sold only
to separate accounts of TIAA–CREF Life
which fund variable life and variable
annuity contracts. The Trust may offer
one or more additional series or classes
of shares in the future. The Trust sells
its shares directly or indirectly to TIAA–
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76421
CREF Life, which holds the shares in its
separate accounts to support variable
annuity and variable life insurance
contracts.
2. TIAA–CREF Life is a New York
stock insurance company. TIAA–CREF
Life is licensed to do business in all fifty
(50) United States and the District of
Columbia. TIAA–CREF Life is a wholly
owned subsidiary of TIAA–CREF
Enterprises, Inc., which is a wholly
owned subsidiary of Teachers Insurance
and Annuity Association of America
(‘‘TIAA’’), a stock life insurance
company organized under the laws of
the State of New York.
3. Advisors is the investment adviser
to the Trust and also is responsible for
providing or obtaining at its own
expense most of the services necessary
to operate the Trust on a day-to-day
basis, including custodial,
administrative, portfolio accounting,
dividend disbursing, auditing, and
ordinary legal services. Advisors, a
Delaware corporation, is registered as an
investment adviser under the
Investment Advisers Act of 1940, as
amended, and is a wholly-owned
indirect subsidiary of TIAA.
4. The Trust currently offers shares of
the Insurance Funds only to the separate
accounts of TIAA–CREF Life, an
affiliated insurance company, in order
to fund benefits under variable annuity
and other variable insurance contracts.
In the future, the Insurance Investment
Companies intend to offer shares of the
Insurance Funds to (a) both registered
and unregistered separate accounts of
affiliated and unaffiliated insurance
companies in order to fund variable
annuity and variable life insurance
contracts (collectively, ‘‘Separate
Accounts’’); (b) Qualified Plans; (c) any
Manager; and (d) any General Accounts.
5. Affiliated or unaffiliated insurance
companies whose Separate Account(s)
may now or in the future own shares of
the Insurance Funds are referred to
herein as ‘‘Participating Insurance
Companies.’’ The Participating
Insurance Companies have established
or will establish their own Separate
Accounts and design their own variable
contracts. Each Participating Insurance
Company has or will have the legal
obligation to satisfy all applicable
requirements under both state and
federal law. Participating Insurance
Companies may rely on Rules 6e–2 and
6e–3(T) under the 1940 Act in
connection with the establishment and
maintenance of variable life insurance
Separate Accounts, although some
Participating Insurance Companies, in
connection with variable life insurance
contracts, may rely on individual
exemptive orders as well. Each
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]]>Agencies
[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Notices]
[Pages 76420-76421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29724]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Withdrawal of Regulatory Guide
AGENCY: Nuclear Regulatory Commission.
ACTION: Withdrawal of Regulatory Guide 3.38.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Robert G. Carpenter, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6177 or e-mail to Robert.Carpenter@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is withdrawing
Regulatory Guide 3.38, ``General Fire Protection Guide for Fuel
Reprocessing Plants.'' This guide was released for comment in June 1976
and provided guidance on acceptable criteria for fire protection
programs in the design and construction of fuel reprocessing
facilities. The NRC is withdrawing this regulatory guide because it is
outdated.
There are currently no licensees that operate fuel reprocessing
plants. Additionally, the staff is considering amending the regulatory
framework for licensing advanced fuel cycle facilities, such as a
reprocessing facility, and Regulatory Guide 3.38 is currently not
sufficient guidance for future fuel reprocessing facilities. The staff
will consider issuing additional guidance in conjunction with a revised
regulatory framework for licensing a reprocessing facility.
II. Further Information
The withdrawal of Regulatory Guide 3.38 does not alter any prior or
existing licensing commitments based on its use. Regulatory guides may
be withdrawn when their guidance is superseded by congressional action
or no longer provides useful information.
Regulatory guides are available for inspection or downloading
through the NRC's public Web site under ``Regulatory Guides'' in the
NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/doc-
collections. Regulatory guides are also available for inspection at the
NRC's Public Document Room (PDR), Room O-1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852-2738. The PDR's mailing
address is US NRC PDR, Washington, DC 20555-0001. You can reach the PDR
staff by telephone at 301-415-4737 or 1 800-397-4209, by fax at 301-
415-3548, and by e-mail to pdr.resource@nrc.gov.
[[Page 76421]]
Regulatory guides are not copyrighted, and Commission approval is
not required to reproduce them.
Dated at Rockville, Maryland, this 3rd day of December 2008.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. E8-29724 Filed 12-15-08; 8:45 am]
BILLING CODE 7590-01-P
