Notices. Notice

10,369 words·~47 min read·/register/2005/05/25/05-10408·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-MR-P DEPARTMENT OF LABOR Office of Disability Employment Policy; Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)).

This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Disability Employment Policy is soliciting comments concerning the proposed new collection of the data contained in the nomination packet for the Department of Labor's Inaugural New Freedom Initiative Award.

A copy of the proposed information collection request

(ICR)can be obtained by contacting the office listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before July 25, 2005. ADDRESSES: Submit comments to Lisa Lahrman, Office of Disability Employment, United States Department of Labor, 200 Constitution Avenue, NW., Room S-1303, Washington, DC 20210,

(202)693-7880 (this is not a toll free number), Internet Address: *lahrman-lisa@dol.gov,* and FAX:

(202)693-7888. FOR FURTHER INFORMATION CONTACT: Lisa Lahrman, tel.

(202)693-7880. This is not a toll free number. SUPPLEMENTARY INFORMATION: I. Background This collection of information (solicitation of nominations to receive an award) is planned to honor individuals, corporations and non-profit organizations which have been exemplary in furthering the employment-related objectives of President George W. Bush's New Freedom Initiative. The New Freedom Initiative reflects the Administration's commitment to increasing development and access to assistive and universally designed technologies, expanding educational opportunities, further integrating Americans with disabilities into the workforce, and helping to remove barriers to their full participation in community life. Legal authority for this collection can be found in both the New Freedom itself, and by Pub. L. 106-554, the Consolidated Appropriations Act of 2001 which established the Office of Disability Employment Policy within the Department of Labor to bring a heightened and permanent focus on increasing the employment of persons with disabilities. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions To support ODEP's mission and recognize the employment of people with disabilities as an Administration priority, the Department of Labor is initiating the Inaugural New Freedom Initiative Award program. This award will be presented annually by the Secretary of Labor to honor individuals, corporations, and non-profit organizations which have been exemplary in furthering the employment related objectives of President George W. Bush's New Freedom Initiative. *Type of Review:* Extension of a currently approved collection of Information. *Agency:* Office of Disability Employment Policy. *Title:* Inaugural New Freedom Initiative. *OMB Number:* 1230-0002. *Affected Public:* Individuals, businesses, non-profit organizations, and the federal government. *Total Respondents:* 100. *Frequency:* Annually. *Total Responses:* 100. *Average Time per Response:* 10 hours. *Estimated Total Burden Hours:* 1,000 Burden Hours. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: May 18, 2005. Lisa Lahrman, Supervisory Program Specialist, Office of Disability Employment Policy. [FR Doc. E5-2633 Filed 5-24-05; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Payment of Compensation Without Award (LS-206). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before July 25, 2005. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone

(202)693-0418, fax

(202)693-1451, e-mail *bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION: I. Background The Office of Workers' Compensation Programs

(OWCP)administers the Longshore and Harbor Workers' Compensation Act (LHWCA). The Act provides benefits to workers injured in maritime employment on the navigable waters of the United States or in an adjoining area customarily used by an employer in loading, unloading, repairing or building a vessel. Under Sections 914(b) and

(c)of the Longshore Act, a self-insured employer or insurance carrier is required to pay compensation within 14 days after the employer has knowledge of the injury or death. Upon making the first payment, the employer or carrier shall immediately notify the district director of payment. Form LS-206 has been designated as the proper form on which report of first payment is to be made. The LS-206 is also used by OWCP district offices to determine the payment status of a given case. This information collection is currently approved for use through March 31, 2006. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks the approval of the extension of this information collection in order to carry out its responsibility to meet the statutory requirements to provide compensation or death benefits under the Act to workers covered under the Act. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Titles:* Payment of Compensation Without Award. *OMB Number:* 1215-0022. *Agency Numbers:* LS-206. *Affected Public:* Business or other for-profit. *Total Respondents:* 700. *Total Annual responses:* 24,500. *Estimated Total Burden Hours:* 6,125. *Estimated Time Per Response:* 15 minutes. *Frequency:* On Occasion. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $10,902.50. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: May 19, 2005. Bruce Bohanon, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E5-2638 Filed 5-24-05; 8:45 am] BILLING CODE 4510-CF-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Certificate of Medical Necessity (CM-893). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before July 25, 2005. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW. Room S-3201, Washington, DC 20210, telephone

(202)693-0418, fax

(202)693-1451, *Email bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or Email). SUPPLEMENTARY INFORMATION: I. Background The Office of Workers' Compensation Programs administers the Federal Black Lung Workers' Compensation Program. The enabling regulations of the Black Lung Benefits Act, at 20 CFR 725.701, establishes miner eligibility for medical services and supplies for the length of time required by the miner's condition and disability. 20 CFR.706 stipulates there must be prior approval before ordering an apparatus where the purchase price exceeds $300.00. 20 CFR 725.707 provides for the ongoing supervision of the miner's medical care, including the necessity, character and sufficiency of care to be furnished; gives the authority to request medical reports and indicates the right to refuse payment for failing to submit any report required. Because of the above legislation and regulations, it was necessary to devise a form to collect the required information. The CM-893, Certificate of Medical Necessity is completed by the coal miner's doctor and is used by the Division of Coal Mine Worker's Compensation to determine if the miner meets impairment standards to qualify for durable medical equipment, home nursing, and/or pulmonary rehabilitation. This information collection is currently approved for use through November 30, 2005. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks the extension of approval to collect this information in order to carry out its responsibility to determine the eligibility for reimbursement of medical benefits to Black Lung recipients. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Certificate of Medical Necessity. *OMB Number:* 1215-0113. *Agency Number:* CM-893. *Affected Public:* Individuals or households; Business or other for profit, Not-for-profit institutions. *Total Respondents:* 4,000. *Total Annual responses:* 4,000. *Estimated Total Burden Hours:* 1,567. *Time Per Response:* 20 to 40 minutes. *Frequency:* On occasion. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: May 19, 2005. Bruce Bohanon, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E5-2639 Filed 5-24-05; 8:45 am] BILLING CODE 4510-CK-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,536, TA-W-56,536A, and TA-W-56,536B] Butler Manufacturing Company, Subsidary of Bluescope Steel, Ltd, Buildings Division, Wall and Roof Panels Production, Trim and Componenets Production and Secondaries Production, Galesburg, IL; Negative Determination on Reconsideration On April 6, 2005, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice of determination was published on April 25, 2005 in the **Federal Register** (70 FR 21247). Workers of the subject firm produce pre-engineered metal building system parts, including wall and roof panels, trim and components, and secondaries (non-structural parts). The Department initially denied Trade Adjustment Assistance

(TAA)to workers of Butler Manufacturing Company, Subsidiary of Bluescope Steel, LTD, Building Division, Wall and Roof Panels Production, Trim and Components Production, and Secondaries Production, Galesburg, Illinois, because neither the shift of production or the “contributed importantly” group eligibility requirements of the Trade Act of 1974, as amended, were met. The petitioners requesting reconsideration questioned the Department's determination that criterion (a)(2)(A)(I.B.) was not met. The Department concurs and corrects that finding to read that criterion (a)(2)(A)(I.C.) was not met. Criterion (a)(2)(A)(I.C.) requires that increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision. In response to the petitioners' allegation that workers are not separately identifiable by product line, the Department contacted company officials and petitioners to address the issue. The determination that the workers are separately identifiable by product line was based on information provided by the subject company during the initial investigation. Based on information provided during the reconsideration investigation, the Department finds that workers are interchangeable and are not separately identifiable by production line. The initial investigation also revealed that during the investigation period of 2003 through 2004, the subject company did not import products like or directly competitive with wall and roof panels, trim and components, or secondaries, nor did it shift production of these articles abroad. A survey of the subject company's major declining customers conducted during the initial investigation revealed no imports of products like or directly competitive with those produced by the subject company during the investigatory period. In the request for reconsideration, the petitioners also allege that the subject company will open foreign manufacturing facilities which would incorporate a Butler manufacturing facility for pre-engineered buildings: three facilities in India by May-June 2005, and two facilities in China by mid-2006. While the alleged shifts of production fall outside the scope of the investigation, the Department contacted the subject company and the workers to address the petitioners' allegations. A careful review of the information obtained from the subject company and the workers during the reconsideration investigation confirmed that during 2003 and 2004, the subject firm did not shift either wall and roof panels, trim and components, or secondaries production abroad, and revealed that beginning in 2005, production of these articles is shifting to affiliated production facilities in Tennessee, Texas, and North Carolina. In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance and alternative trade adjustment assistance for workers and former workers of Butler Manufacturing Company, Subsidiary of Bluescope Steel, LTD, Building Division, Wall and Roof Panels Production, Trim and Components Production, and Secondaries Production, Galesburg, Illinois. Signed at Washington, DC, this 11th day of May 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2646 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,110] Compeq International, Salt Lake City, UT; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on May 4, 2005 in response to a petition filed by a company official on behalf of workers of Compeq International, Salt Lake City, Utah. The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed in Washington, DC this 11th day of May, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2640 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,778] Eagle Picher Automotive, Hillsdale Division, Including On-Site Leased Workers of Hamilton-Ryker, Staffing Solutions and Randstad, Manchester, TN; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on March 25, 2005, applicable to workers of Eagle Picher Automotive, Hillsdale Division, including on-site leased workers of Hamilton-Ryker and Staffing Solutions, Manchester, Tennessee. The notice was published in the **Federal Register** on May 2, 2005 (70 FR 22711). At the request of a company official, the Department reviewed the certification for workers of the subject firm. New information shows that leased workers of Randstad were employed on-site at the Manchester, Tennessee location of Eagle Picher Automotive, Hillsdale Division. Based on these findings, the Department is amending this certification to include leased workers of Randstad working at Eagle Picher Automotive, Hillsdale Division, Manchester, Tennessee. The intent of the Department's certification is to include all workers employed at Eagle Picher Automotive, Hillsdale Division who was adversely affected by increased imports. The amended notice applicable to TA-W-56,778 is hereby issued as follows: “All workers of the Hillsdale Division of Eagle Picher Automotive, including on-site leased workers of Hamilton-Ryker, Staffing Solutions, and Randstad, Manchester, Tennessee, who became totally or partially separated from employment on or after March 16, 2004, through March 25, 2007, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 13th day of May 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2644 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,069] Eaton Corporation, Fluid Power Group, Vinita, OK; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on April 28, 2005 in response to petition filed by a company official on behalf of workers at Eaton Corporation, Fluid Power Group, Vinita, Oklahoma. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 11th day of May, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2641 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,944] Johnson Controls, Inc., Controls SP Division, Goshen, IN; Notice of Revised Determination of Alternative Trade Adjustment Assistance on Reconsideration In a letter dated May 3, 2005, a company official requested administrative reconsideration regarding Alternative Trade Adjustment Assistance

(ATAA)for workers of the subject firm. The certification for Trade Adjustment Assistance was signed on April 21, 2005. The Department's notice of determination will soon be published in the **Federal Register** . The initial investigation determined that the subject worker group possesses skills that are easily transferable. In the request for reconsideration, the company official stated that the ATAA question regarding transferable skills was misunderstood and provided new information regarding the skills possessed by members of the subject worker group. During the reconsideration investigation, the Department sought additional information regarding the workers' skills from the subject company. Based on the new information, the Department has determined that the workers possess skills which are not easily transferable to other positions in the local area. The initial investigation revealed that at least five percent of the workforce at the subject firm is at least fifty years of age. Conditions within the controls industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that the requirements of Section 246 of the Trade Act of 1974, as amended, have been met for workers of the subject firm. In accordance with the provisions of the Act, I make the following certification: “All workers of Johnson Controls, Inc., Controls SP Division, Goshen, Indiana, who became totally or partially separated from employment on or after April 6, 2004 through April 21, 2007, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC this 12th day of May 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2643 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,026] Mayflower Vehicle Systems, Inc., South Charleston Facility, South Charleston, WV; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Mayflower Vehicle Systems, Inc., South Charleston Facility, South Charleston, West Virginia. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued. TA-W-56,026; Mayflower Vehicle Systems, Inc., South Charleston Facility, South Charleston, West Virginia (May 16, 2005) Signed at Washington, DC this 17th day of May 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. [FR Doc. E5-2647 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,067 and TA-W-57,067A] Unit Parts Co., A Remy Inc. Company, Oklahoma City, OK; Unit Parts Co., A Remy Inc. Company, Edmond, OK; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 28, 2005 in response to a petition filed by a company official on behalf of workers at Unit Parts Co., a Remy Inc. Company, Oklahoma City, Oklahoma and Unit Parts Co., a Remy Inc. Company, Edmond, Oklahoma. The petitioner has requested that the petition be withdrawn. Consequently, further investigation would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 12th day of May, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5-2642 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance

(ATAA)by (TA-W) number issued during the periods of April and May 2005. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign county of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

(3)Either—

(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph

(2)accounted for at least 20 percent of the production or sales of the workers' firm; or

(B)A loss or business by the workers' firm with the firm (or subdivision) described in paragraph

(2)contributed importantly to the workers' separation or threat of separation. Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-56,787; Video Display Corp., Chroma Video Div., White Mills, PA* *TA-W-56,800; Alcoa, Inc., Badin Works, Electrode Department, Badin, NC* *TA-W-56,828; Tarkett, Inc., Commercial Div., Florence, AL* *TA-W-56,883; General Motors Corp., Powertrain Div., Warren, MI* *TA-W-56,817 & A; Drive Plus, Inc., Axle Plant, Lock Haven, PA and Steering Plant, Lock Haven, PA* *TA-W-56,782; FC Meyer Packaging, LLC/Millen Industries, Inc., Lawrence, MA* *TA-W-56,836; Leggett and Platt, Inc., Fashion Bed Group-York, York, PA* *TA-W-56,879; Integrated Device Technology, Inc., Salinas, CA* *TA-W-56,810; Miracle Recreation Equipment Co., a subsidiary of Playpower, Advance, MO* The investigation revealed that criteria (a)(2)(A)(I.B.)(Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-56,785; Michigan Sugar Company, Carrollton, MI* The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. *TA-W-57,046; Bernhardt Furniture Co., Plant 7, Contract Office Furniture Div., Lenoir, NC* *TA-W-56,963; Medsep Corp., d/b/a Pall Medical, Covina, CA* *TA-W-56,994; Chan-X of California, San Jose, CA* *TA-W-57,010; The Gwinn Agency, Spartanburg, SC* *TA-W-56820A; Motorola, Inc., Embedded Communications Computing Division, Tempe, AZ* The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-56,905; The Lane Co., a subsidiary of Lane Furniture Industries, Inc., a subsidiary of Furniture Brands International, Altavista, VA* *TA-W-56,866; Sun Microsystems, Inc., Nashua IT Business Unit, Nashua, NH* *TA-W-57,052; SITEL/NAFS, Norcross, GA* *TA-W-56,936; Allied Personnel Services, leased workers at Guardian Life Insurance Co., Bethlehem, PA* *TA-W-56,779; Aon Service Corporation, ASC-IT Subdivision, Glenview, IL* *TA-W-56,955; Brookwood Medical Center, Medical Transcription Division, Birmingham, AL* *TA-W-56,886; MCI, Inc., working on-site at NCO Group, Inc., Houston NCO Call Center, Houston, TX Tools, Inc., Batavia, NY* The investigation revealed that criterion (a)(2)(A)(I.C) (Increased imports and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. *TA-W-56,780; ETEC, an Applied Materials Co., a subsidiary of Applied Materials, Inc., Hillsboro, OR* *TA-W-56,869; National Textiles, Textiles Div., Hodges, SC* Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of (a)(2)(A) (increased imports) of Section 222 have been met. *TA-W-56,806; Carolina Glove Company, Wilkes Plant, N. Wilkesboro, NC: March 23, 2004.* *TA-W-56,865; Meyers Ind., Hickory, NC: March 15, 2004.* *TA-W-57,035; DeRoyal (Stat Medical), DeRoyal Patient Care, New Tazewell, TN: April 15, 2004.* *TA-W-56,805; Glen Raven Technical Fabrics, LLC, Subsidiary of Glen Raven, Inc., Burnsville, NC: December 4, 2004.* *TA-W-56,951; Nicole Shades, LLC, a div. of Emess Design Group, LLC., Cleveland, OH: March 23, 2004.* *TA-W-57,003; Richloom Fabrics Corp., Richloom Home Fashions, Bailey Plant, including on-site leased workers of PMC Corp., Clinton, SC: April 13, 2004.* *TA-W-56,809 & A; Halex A Scott Fetzer Co., Hamilton, IN and Bedford Heights, OH: March 16, 2004.* *TA-W-56,807; Lexington Home Brands, Plants 2, 4 & 5, Lexington, NC: April 25, 2005.* *TA-W-56,939; Blue Ridge Crest, LLC, Galax, VA: April 8, 2004.* *TA-W-56,910; Carolina Mills, Inc., Plant #22, Gastonia, NC: April 1, 2004.* *TA-W-56,899; Murray, Inc., Brentwood, TN: March 31, 2004.* *TA-W-56,822; Seal Glove Manufacturing, Inc., Millersburg, PA: March 21, 2004.* *TA-W-56,974; Max Marx Color Corp., Irvington, NJ: April 14, 2004.* *TA-W-56,948 & A & B; Standard Commercial Corp., Miller Road Tobacco Processing Facility, Wilson, NC, Miller Road Corporate Headquarters, Wilson, NC and Stantonsburg Road Factory and Office Complex, Wilson, NC: March 25, 2004.* *TA-W-56,997; Cinergy Solutions of Rock Hill, working at Celanese Acetate, LLC, Rock Hill, SC: April 5, 2004.* *TA-W-56,783; Compupunch, Inc., Los Angeles, CA: March 10, 2004.* *TA-W-56,870; Locklear Manufacturing, Inc., Fort Payne, AL: March 31, 2004.* *TA-W-56,993 & A & B; Springs Industries, Inc., Grace Complex, including on-site leased workers of Phillips Staffing, Lancaster, SC, Elliott Plant, including on-site leased workers of Defender Services, Fort Lawn, SC and Frances Plant, including on-site leased workers of Defender Services, Fort Lawn, SC: April 16, 2004.* *TA-W-56,844; Design Institute America, Inc., including on-site leased workers of Star Staffing and Action Temporary Services, Jasper, IN: March 21, 2004.* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222 have been met. *TA-W-57,068; Johnson & Johnson CPC, Operations Div., including on-site leased workers of Etcon, Inc., Vend, Inc., Jackson Lawn Care and Maintenance, ABM, and Securitas, Royston, GA: April 15, 2004.* *TA-W-57,079; Lyons Diecasting Co., Buckner, MO: April 20, 2004.* *TA-W-57,081; GE Security, including leased workers of Express and Spherion, Gladewater, TX: April 28, 2004.* *TA-W-56,908 & A; Stoneridge Control Devices, Acuator Product Div., 4x4 Actuator Production, Boston, MA and Switch Products Div., General Motors Headlamp Production, Canton, MA: March 30, 2004.* *TA-W-56,972; KAC Holdings, d/b/a Kester, Des Plaines, IL: March 29, 2004.* *TA-W-57,014; Tyler Refrigeration, Carrier Commercial Refrigeration, Carrier Corporation, Waxahachie, TX: May 16, 2005.* *TA-W-57,048; Osram Sylvania, Lake Zurich, IL: April 14, 2004.* *TA-W-57,057; Com-Fo Hosiery Mills, Henderson, NC: April 20, 2004.* *TA-W-56,834; Thomasville Furniture Industries, Inc., Plant M, Thomasville, NC: March 21, 2004.* *TA-W-57,028; Rockford Powertrain, Inc., Loves Park, IL: April 18, 2004.* *TA-W-56,912; Comarco Wireless Technologies, Inc., Power Adapter Production Line, a div. of Comarco, Inc., Irvine, CA: March 30, 2004.* *TA-W-56,897; Square D Company, a div. of Schneider Electric, including leased workers of Adecco Personnel, Asheville, NC: May 9, 2005.* *TA-W-56,863; Valspar-Furniture Sales Group & International Color Design Center, a subsidiary of Valspar Global Wood Coatings, High Point, NC: March 14, 2004.* *TA-W-56,812; Vishay Transducers, Ltd, a division of Vishay Intertechnology, Inc., including leased workers of Volt, Benchmark, Thor, and Source One Staffing, Covina, CA: March 22, 2004.* *TA-W-57,005; Burnes Group, LLC, a subsidiary of Global Home Products, including leased workers of Westaff, Claremont, NH: April 14, 2004. Products Division, Ronkonkoma, NY: March 29, 2004.* *TA-W-57,012; Springs Industries, Springs Window Fashions, LP, including leased on site workers of Appleone, Integrity Staffing, & Staffmark, Reno, NV: April 7, 2004.* *TA-W-56,934; Lennox Hearth Products, Inc., Subsidiary of Lennox International, Inc., Burlington, WA: April 8, 2004.* *TA-W-56,988; Acuity Brands Lighting, Inc., a subsidiary of Acuity Brands, Inc., Peerless Lighting Div., including leased workers of Aerotek Staffing, Berkeley, CA.* *TA-W-57,038; Sunroc, LLC, a subsidiary of Oasis Corp., including on-site leased workers from Ready Staffing and Adecco, Dover, DE: April 22, 2004.* *TA-W-56,890; Wellington Cordage, LLC, Pilot Mountain, NC: March 8, 2004.* *TA-W-56,975; U.S. Marine, A Brunswick Family Boat Company, Spokane, WA: April 13, 2004.* *TA-W-57,144; Ultimate Manufacturing, Inc., San Antonio, TX: 2004.* *TA-W-56,820; Manpower International, Inc., On-Site Leased Workers at Motorola, Inc., Embedded Communications Computing Div., Tempe, AZ: March 23, 2004.* The following certifications have been issued. The requirement of upstream supplier to a trade certified primary firm has been met. *TA-W-57,021; Plastic Moldings Company, LLC, Cincinnati Plant, including leased workers of Excel Staffing, Cincinnati, OH: April 12, 2004.* Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issued a certification of eligibility to apply for Alternative Trade Adjustment Assistance

(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. In the following cases, it has been determined that the requirements of Section 246(a)(3)ii) have not been met for the reasons specified. The Department as determined that criterion

(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-57,038; Sunroc, LLC, a subsidiary of Oasis Corp., including on-site leased workers from Ready Staffing and Adecco, Dover, DE* *TA-W-56,844; Design Institute America, Inc., including on-site leased workers of Star Staffing and Action Temporary Services, Jasper, IN* *TA-W-56,890; Wellington Cordage, LLC, Pilot Mountain, NC* *TA-W-56,934; Lennox Hearth Products, Inc., subsidiary of Lennox International, Inc., Burlington, WA* *TA-W-56,975; U.S. Marine, a Brunswick Family Boat Co., Spokane, WA* *TA-W-54,890; Inamed Corp., Santa Barbara, CA* *TA-W-56,820; Manpower International, Inc., On-Site Leased Workers at Motorola, Inc., Embedded Communications Computing Division, Temple, AZ* The Department as determined that criterion

(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *TA-W-56,783; Compupunch, Inc., Los Angeles, CA* Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-56,787; Video Display Corp., Chroma Video Div., White Mills, PA* *TA-W-56,800; Alcoa, Inc., Badin Works, Electrode Department, Badin, NC* *TA-W-56,828; Tarkett, Inc., Commercial Division, Florence, AL* *TA-W-56,883; General Motors Corp., Powertrain Division, Warren, MI* *TA-W-56,817 & A; drive Plus, Inc., Axle Plant, Lock Haven, PA and Steering Plant, Lock Haven, PA* *TA-W-56,782; FC Meyer Packaging, LLC/Millen Industries, Inc., Lawrence, MA* *TA-W-56,836; Leggett and Platt, Inc., Fashion Bed Group—York, York, PA* *TA-W-56,879; Integrated Device Technology, Inc., Salinas, CA* *TA-W-57,046; Bernhardt Furniture Co., Plant 7, Contract Office Furniture Division, Lenoir, NC* *TA-W-56,963; Medsep Corp., d/b/a Pall Medical, Covina, CA* *TA-W-56,905; The Lane Co., a subsidiary of Lane Furniture Industries, Inc., a subsidiary of Furniture Brands International, Altavista, VA* *TA-W-56,866; Sun Microsystems, In., Nashua IT Business Unit, Nashua, NH* *TA-W-57,052; SITEL/NAFS, Norcross, GA* *TA-W-56,936; Allied Personnel Services, leased workers at Guardian Life Insurance Company, Bethlehem, PA* *TA-W-56,853; ITEMA America, Inc., Formerly Sultex USA, Spartanburg, SC* *TA-W-56,779; Aon Service Corp., ASC-IT Subdivision, Glenview, IL* *TA-W-56,955; Brookwood Medical Center, Medical Transcription Division, Birmingham, AL* *TA-W-56,886; MCI, Inc., working on-site at NCO Group, Inc., Houston NCO Call Center, Houston, TX* *TA-W-56,780; ETEC, an Applied Materials Co., a subsidiary of Applied Materials, Inc., Hillsboro, OR* *TA-W-56,869; National Textiles, Textiles Div., Hodges, SC* *TA-W-56,994; Chan-X of California, San Jose, CA* *TA-W-57,010; The Gwinn Agency, Spartanburg, SC* *TA-W-56,810; Miracle Recreation Equipment Co., a subsidiary of Playpower, Advance, MO* *TA-W-56,785; Michigan Sugar Co., Carrollton, MI* *TA-W-56,820A; Motorola, Inc., Embedded Communications Computing Div., Tempe, AZ* Affirmative Determinations for Alternative Trade Ajdustment Assistance In order for the Division of Trade Adjustment Assistance to issued a certification of eligibility to apply for Alternative Trade Adjustment Assistance

(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determinations. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have been met. I. Whether a significant number of workers in the workers' firm are 50 years of age or older. II. Whether the workers in the workers' firm possess skills that are not easily transferable. III. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). *TA-W-56,806; Carolina Glove Co., Wilkes Plant, N. Wilkesboro, NC: March 23, 2004.* *TA-W-56,865; Meyers Ind., Hickory, NC: March 15, 2004.* *TA-W-57,035; DeRoyal (Stat Medical), DeRoyal Patient Care, New Tazewell, TN: April 15, 2004.* *TA-W-56,805; Glen Raven Technical Fabrics, LLC, subsidiary of Glen Raven, Inc., Burnsville, NC: December 4, 2004.* *TA-W-56,951; Nicole Shades, LLC, a Div. of Emess Design Group, LLC, Cleveland, OH: March 23, 2004. City, KY: April 7, 2004.* *TA-W-57,003; Richloom Fabrics Corp., Richloom Home Fashions, Bailey Plant, including on-site leased workers of PMC Corp., Clinton, SC: April 13, 2004.* *TA-W-56,809; Halex A Scott Fetzer Co., Hamilton, IN and Bedford Heights, OH: March 16, 2004.* *TA-W-56,807; Lexington Home Brands, Plant 2, 4 and 5, Lexington, NC: April 25, 2005.* *TA-W-56,939; Blue Ridge Crest, LLC, Galax, VA: April 8, 2004.* *TA-W-56,910; Carolina Mills, Inc., Plant #22, Gastonia, NC: April 1, 2004.* *TA-W-56,899; Murray, Inc., Brentwood, TN: March 31, 2004.* *TA-W-56,822; Seal Glove Manufacturing, Inc., Millersburg, PA: March 21, 2004.* *TA-W-56,974; Max Marx Color Corp., Irvington, NJ: April 14, 2004.* *TA-W-56,948 A & B; Standard Commercial Corp., Miller Road Tobacco Processing Facility, Wilson, NC, Miller Road Corporate Headquarters, Wilson, NC and Stantonsburg Road Factory and Office Complex, Wilson, NC: March 25, 2004.* *TA-W-56,997; Cinergy Solutions of Rock Hill, working at Celanese Acetate LLC, Rock Hill, SC: April 5, 2004.* *TA-W-57,081; GE Security, including leased workers of Express and Spherion, Gladewater, TX: April 28, 2004.* *TA-W-57,014; Tyler Refrigeration, Carrier Commercial Refrigeration, Carrier Corp., Waxahachie, TX: May 16, 2005.* *TA-W-57,048; Osram Sylvania, Lake Zurich, IL: April 14, 2004.* *TA-W-56,993 & A & B; Springs Industries, Inc., Grace Complex, including on-site leased workers of Phillips Staffing, Lancaster, SC, Elliott Plant, including on-site leased workers of Defender Services, Fort Lawn, SC, Frances Plant, including on-site leased workers of Defender Services, Fort Lawn, SC: April 16, 2004.* *TA-W-57,068; Johnson & Johnson CPC, Operations Div., including on-site leased workers of Etcon, Inc., Vend, Inc., Jackson Lawn Care and Maintenance, ABM, and Securitas, Royston, GA: April 15, 2004.* *TA-W-57,079; Lyons Diecasting Company, Buckner, MO: April 20, 2004.* *TA-W-57,057; Com-Fo Hosiery Mills, Henderson, NC: April 20, 2004.* *TA-W-56,908 & A; Stoneridge Control Devices, Acuator Product Div., 4x4 Actuator Production, Boston, MA and Switch Products Div., General Motors Headlamp Production, Canton, MA: March 30, 2004.* *TA-W-56,972; KAC Holdings, d/b/a Kester, Des Plaines, IL: March 29, 2004.* *TA-W-56,834; Thomasville Furniture Industries, Inc., Plant M, Thomasville, NC: March 21, 2004.* *TA-W-57,028; Rockford Powertrain, Inc., Loves Park, IL: April 18, 2004.* *TA-W-56,912; Comarco Wireless Technologies, Inc., Power Adapter Production Line, a div. of Comarco, Inc., Irvine, CA: March 30, 2004.* *TA-W-56,897; Square D Company, a div. of Schneider Electric, including leased workers of Adecco Personnel, Asheville, NC: May 9, 2005.* *TA-W-56,863; Valspar-Furniture Sales Group & International Color Design Center, a subsidiary of Valspar Global Wood Coatings, High Point, NC: March 14, 2004.* *TA-W-56,812; Vishay Transducers, Ltd, a div. of Vishay Intertechnology, Inc. including leased workers of Volt, Benchmark, Thor, and Source One Staffing, Covina, CA: March 22, 2004.* *TA-W-57,005; Burnes Group, LLC, a subsidiary of Global Home Products, including leased workers of Westaff, Claremont, NH: April 14, 2004.* *TA-W-57,012; Springs Industries, Springs Window Fashions, LP, including leased on-Site Workers of Appleone, Integrity Staffing, and Staffmark, Reno, NV: April 7, 2004.* *TA-W-56,988; Acuity Brands Lighting, Inc., a subsidiary of Acuity Brands, Inc., Peerless lighting Div., including leased workers of Aerotek Staffing, Berkeley, CA: April 18, 2004.* *TA-W-57,144; Ultimate Manufacturing, Inc., San Antonio, TX: April 28, 2004.* *TA-W-57,021; Plastic Moldings Company, LLC, Cincinnati Plant, including leased workers of Excel Staffing, Cincinnati, OH: April 12, 2004.* I hereby certify that the aforementioned determinations were issued during the months of April and May 2005. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, during normal business hours or will be mailed to persons who write to the above address. Dated: May 18, 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. [FR Doc. E5-2649 Filed 5-24-05; 8:45 am] BILLING CODE 4510-30-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR Part 26, “Fitness for Duty Program.” 2. *Current OMB approval number:* 3150-0146. 3. *How often the collection is required:* On occasion. 4. *Who is required or asked to report:* All licensees authorized to construct or operate a nuclear power reactor; all licensees authorized to use, possess, or transport Category 1 nuclear material; and contractors/vendors who have developed a fitness-for-duty program that is formally reviewed and approved by a licensee, which meets the requirements of part 26. 5. *The number of annual respondents:* 69. 6. *The number of hours needed annually to complete the requirement or request:* 61,143 (5,853 hours reporting [an average of 4.3 hours/response] and 55,290 hours recordkeeping [an average of 801 hours/recordkeeper]). 7. *Abstract:* 10 CFR Part 26, “Fitness for Duty Program,” requires licensees of nuclear power plants, contractors/vendors who have developed a fitness-for-duty program that is formally reviewed by a licensee, and licensees authorized to possess, use, or transport Category 1 nuclear material to implement fitness-for-duty programs to assure that personnel are not under the influence of any substance or mentally or physically impaired, to retain certain records associated with the management of these programs, and to provide reports concerning significant events and program performance. Compliance with these program requirements is mandatory for licensees subject to 10 CFR part 26. In addition, licensees of nuclear power plants are required to comply with security order EA-03-038, which implements work hour controls for security force personnel and requires licensees to retain certain records associated with the management of this security order. Submit, by July 25, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft 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, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/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 about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by internet electronic mail at infocollects *nrc.gov.* Dated at Rockville, Maryland, this 18th day of May, 2005. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. E5-2632 Filed 5-24-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-348 and 50-364] Southern Nuclear Operating Company, Inc., Alabama Power Company, Joseph M. Farley Nuclear Plant, Units 1 and 2; Notice of Consideration of Issuance of Amendments to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (NRC, the Commission) is considering issuance of amendments to Facility Operating License Nos. NPF-2 and NPF-8, issued to Southern Nuclear Operating Company, Inc. (the licensee) for operation of the Joseph M. Farley Nuclear Plant (FNP), Units 1 and 2, located in Houston County, Alabama. The proposed amendments would revise FNP, Units 1 and 2 Technical Specifications Plant Systems Section 3.7 and Design Features Section 4.3 to establish spent fuel cask storage area boron concentration limits and to restrict the minimum burn up of spent fuel assemblies associated with spent fuel cask loading operations. Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR) section 50.92, this means that operation of the facility in accordance with the proposed amendments would not

(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or

(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or

(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Cask loading operations will not require any physical changes to part 50 structures, systems, or components, nor will their performance requirements be altered. The potential to handle a spent fuel cask was considered in the original design of the plant. Therefore, the response of the plant to previously analyzed Part 50 accidents and related radiological releases will not be adversely impacted, and will bound those postulated during cask loading activities in the cask storage area. Accordingly, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Existing fuel handling procedures and associated administrative controls remain applicable for cask loading operations. Additionally, the soluble boron concentration required to maintain K eff ≤ 0.95 for postulated criticality accidents associated with cask loading operations was also evaluated. The results of the analyses, using a methodology previously approved by the NRC, demonstrate that the amount of soluble boron required to compensate for the positive reactivity associated with these postulated accidents (659 ppm) remains well below the existing spent fuel pool minimum boron concentration limit of 2000 ppm. Accordingly, the same limit has been proposed for cask loading operations in the cask storage area. Therefore, the possibility of a new or different kind of accident from any accident previously evaluated is not created. 3. Does the proposed change involve a significant reduction in a margin of safety? An NRC approved methodology was used to perform the criticality analysis which provides the basis to incorporate a new burn up versus enrichment curve into the plant Technical Specifications to ensure criticality requirements are met during spent fuel cask loading. Accordingly, the existing minimum boron concentration limit for the spent fuel of 2000 ppm will continue to remain bounding during cask loading operations. Existing criticality limits will also be maintained should it be postulated that the spent fuel pool be flooded when connected to the cask storage area with unborated water (K eff < 1.0) or should it become flooded with borated water to 400 ppm (K eff ≤ 0.95) during cask loading operations. This determination accounts for uncertainties at a 95-percent/95-percent probability/confidence level. Proposed Technical Specification 3.7.17 requires that the spent fuel transfer canal gate and the cask storage area gate be open except when moving the spent fuel cask into or out of the cask storage area. The cask storage area will be isolated from the spent fuel pool volume during movement of the cask into and out of the cask storage area. Due to the minimal time that spent fuel will be stored in the cask storage area with the cask storage area isolated from the spent fuel pool volume, a boron dilution event is not considered credible while the cask storage area is isolated. However, should it be postulated that a boron dilution event does occur during this time period, K eff will remain less than 1.0 should the cask storage area become fully flooded with unborated water. Therefore, there will not be a significant reduction in a margin of safety. Based upon the preceding information, SNC has concluded that the requested license amendment does not involve a significant hazards consideration. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:

(1)The name, address and telephone number of the requestor or petitioner;

(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed 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;

(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff;

(3)e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *hearingdocket@nrc.gov* ; or

(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at

(301)415-1101, verification number is

(301)415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to

(301)415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . A copy of the request for hearing and petition for leave to intervene should also be sent to M. Stanford Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham, Alabama 35201, attorney for the licensee. For further details with respect to this action, see the application for amendment dated May 17, 2005, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209,

(301)415-4737, or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 19th day of May, 2005. For the Nuclear Regulatory Commission. Evangelos Marinos, Chief, Section 1, Project Directorate II, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5-2630 Filed 5-24-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-05004] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Northern States Power Company D.B.A. Xcel Energy Pathfinder Site, Sioux Falls, SD AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Chad Glenn, Project Manager, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:

(301)415-6722; fax number:

(301)415-5398; e-mail: *cjg1@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission

(NRC)is considering the issuance of a license amendment to Materials License No. 22-08799-02 issued to Northern States Power Company D.B.A. Xcel Energy (the licensee) to authorize decommissioning at its Pathfinder site in Minnehaha County, South Dakota for unrestricted use and termination of this license. NRC has prepared an Environmental Assessment

(EA)in support of this amendment in accordance with the requirements of 10 CFR Part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The amendment will be issued following the publication of this Notice. II. EA Summary The purpose of the proposed amendment is to authorize decommissioning of the licensee's Pathfinder site in Sioux Falls, South Dakota for unrestricted use to allow for license termination. Specifically, the proposed amendment would incorporate the Pathfinder Decommissioning Plan

(DP)into the license and authorize decommissioning activities in accordance with the DP. On February 17, 2004, Xcel Energy submitted the Pathfinder DP for NRC approval and requested a license amendment. Xcel Energy's request was published in the **Federal Register** on August 4, 2004 (69 FR 47185) with a notice of an opportunity to request a hearing and an opportunity to provide comments on the amendment and its environmental impacts. The NRC staff has received no hearing request or comments on the proposed amendment. The NRC staff has prepared an EA in support of the proposed license amendment. The staff has reviewed the Pathfinder DP and examined the environmental impacts of decommissioning. Based on its review, the staff has also determined that the environmental impacts are enveloped by the generic analysis performed in support of “Radiological Criteria for License Termination” (62 FR 39058). Additionally, no non-radiological impacts were identified. The staff also finds that the proposed decommissioning of the site is in compliance with 10 CFR 20.1402, the radiological criteria for unrestricted use. III. Finding of No Significant Impact On the basis of the EA, NRC has concluded that there are no significant environmental impacts from the proposed amendment and has determined not to prepare an environmental impact statement for the proposed amendment. IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the EA related to this notice is (ML050960256). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland this 19th day of May, 2005. For the Nuclear Regulatory Commission. Daniel M. Gillen, Director, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards. [FR Doc. 05-10408 Filed 5-24-05; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code

CFR