Notices. Notice

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

BILLING CODE 4310-22-M DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW130285 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Pennaco Energy, Inc., timely filed a petition for reinstatement of noncompetitive oil and gas lease WYW130285 in Campbell County, Wyoming. The lessee paid the required rental accruing from the date of termination, September 1, 2003.

No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $5.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)).

We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $5.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1573 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW141728 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Terry S. Miller, timely filed a petition for reinstatement of competitive oil and gas lease WYW141728 in Weston County, Wyoming. The lessee paid the required rental accruing from the date of termination, May 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1577 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW142145 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Rocksource Energy Corporation, timely filed a petition for reinstatement of competitive oil and gas lease WYW142145 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, August 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1578 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW131797 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Tippens Oil Investments, timely filed a petition for reinstatement of competitive oil and gas lease WYW131797 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, April 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1579 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW132338 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of section 371(a) of the Energy Policy Act of 2005, the lessee, Palo Production Corporation, timely filed a petition for reinstatement of competitive oil and gas lease WYW132338 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, June 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1580 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW135686 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Tippens Oil Investments, timely filed a petition for reinstatement of competitive oil and gas lease WYW135686 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, April 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1582 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW138627 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, SHADCO, timely filed a petition for reinstatement of noncompetitive oil and gas lease WYW138627 in Natrona County, Wyoming. The lessee paid the required rental accruing from the date of termination, April 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $5.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $5.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1583 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW141678 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Bill Barrett Production Company, timely filed a petition for reinstatement of competitive oil and gas lease WYW141678 in Natrona County, Wyoming. The lessee paid the required rental accruing from the date of termination, May 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10.00 per acre; and • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E6-1584 Filed 2-3-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-800-1430-EU, COC 67637] Notice of Realty Action: Proposed Noncompetitive Sale of Public Land, Archuleta County, CO AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management

(BLM)hereby provides notice that it will offer a 40-acre parcel of public land located in Archuleta County, Colorado, for sale at not less than the appraised fair market value to Thomas H. and Margie E. Smith, the sale proponents. The BLM Pagosa Field Manager has determined that because the parcel is completely surrounded by private lands owned by the sale proponents and has no legal access via any public road, it will be offered to the sale proponents under noncompetitive (direct) sale procedures. DATES: Comments regarding the proposed sale must be in writing and received by BLM not later than March 23, 2006. ADDRESSES: Address all written comments regarding the proposed sale to Field Manager, BLM, Pagosa Field Office, Box 310, Pagosa Springs, Colorado 81147. Comments received in electronic form such as e-mail or facsimile will not be considered. FOR FURTHER INFORMATION CONTACT: Charlie Higby, Realty Specialist, at

(970)385-1374. SUPPLEMENTARY INFORMATION: In accordance with the provisions of 43 CFR parts 2710 and 2720, the following described land in Archuleta County, Colorado, is proposed to be sold pursuant to authority provided in sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended (43 U.S.C. 1713, 1719). The parcel to be sold is identified as suitable for disposal in the San Juan/San Miguel Resource Area Management Plan (1985). Proceeds from the sale of the public land will be deposited in the Federal Land Disposal Account under section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305). Publication of this notice in the **Federal Register** shall segregate the land described below from appropriation under the public land laws, including the mining laws. The segregative effect of this notice shall terminate upon issuance of patent or upon expiration of 270 days from the date of publication in the **Federal Register** , whichever occurs first. Noncompetitive Sale New Mexico Principal Meridian, Colorado T. 36 N., R. 2 W., sec. 28, SW 1/4 SW 1/4 . The area described contains 40.00 acres. The appraised fair market value of the parcel is $170,000. This parcel cannot be legally accessed by any public road. It is completely surrounded by the private property of the sale proponent (Thomas and Margie Smith) and is isolated from other public lands. There are no encumbrances of record. The following reservation, right, and condition will be included in the patent that may be issued for the above parcel of federal land: A reservation to the United States for a right-of-way for ditches and canals constructed by the authority of the United States. Act of August 30, 1890 (43 U.S.C. 945). No warranty of any kind, express or implied, is given by the United States as to the title, physical condition, or potential uses of the parcel proposed for sale. The Federal mineral interest underlying the parcel has minimal mineral value and will be conveyed with the parcel. Acceptance in writing of the offer to purchase the above described parcel will constitute an application for conveyance of the mineral interest for the parcel. In addition to the full purchase price, the purchaser must pay a separate nonrefundable filing fee of $50 for the mineral interest to be conveyed simultaneously with the sale of the land. Failure to timely submit full payment for the parcel within 180 days of the sale will constitute a withdrawal of the request for noncompetitive sale of the public land. Public Comments Detailed information concerning the proposed land sale, including reservations, sale procedures, appraisals, planning and environmental documents, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 120(h) findings, and mineral report, is available for review at the BLM, Pagosa Field Office, 180 Second Street, Pagosa Springs, Colorado. Normal business hours are 7:45 a.m. to 4:30 p.m. MST, Monday through Friday, except Federal holidays. The general public and interested parties may submit written comments regarding the proposed sale to the Field Manager, BLM, Pagosa Field Office, not later than March 23, 2006. Comments received during this process, including respondent's name, address, and other contact information, will be available for public review. Individual respondents may request confidentiality. If you wish to request that BLM consider withholding your name, address, and other contact information from public review or disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comment. The BLM will honor requests for confidentiality on a case-by-case basis to the extent allowed by law. The BLM will make available for public review, in their entirety, all comments submitted by businesses or organizations, including comments by individuals in their capacity as an official or representative of a business or organization. Any adverse comments will be reviewed by the BLM State Director, Colorado, who may sustain, vacate, or modify this realty action in whole or in part. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Authority: 43 CFR 2711.1-2(a). Steven A. Hartvigsen, Acting Field Manager, Pagosa Field Office. [FR Doc. E6-1572 Filed 2-3-06; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF JUSTICE Office of Justice Programs Agency Information Collection Activities: Proposed Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Equal Employment Opportunity Plan Certification and Short Form. The U.S. Department of Justice, Office of Justice Programs (OJP), Office for Civil Rights has submitted the following information collection request to the Office of Management and Budget

(202)307-0690, Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the function 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 submission of responses. *Overview of this information:*

(1)*Type of Information Collection:* Extension of previously approved collection.

(2)*Title of the Form/Collection:* Equal Employment Opportunity Plan Certification and Short Form.

(3)*Agency form number, if any, and the applicable component of the U.S. Department of Justice sponsoring the collection:* Office for Civil Rights, Office of Justice Programs, United States Department of Justice.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* State, and local, government instrumentalities. Other: For-profit Institutions. 28 CFR 42.301 et seq. authorizes the Department of Justice to collect information regarding employment practices from State or Local units of government, agencies of State and Local governments, and Private entities, institutions or organizations to which OJP, Community Oriented Policing Services, and the Office for Violence Against Women extend Federal financial assistance.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* There are 6,371 respondents. It is estimated that it will take 1,290 respondents receiving a grant of $500,000 or more, one hour to complete an Equal Employment Opportunity Plan Short Form and submit it to the Office of Justice Programs. In addition, an estimated 5,081 of respondents seeking grants ranging from $25,000 up to $500,000 will be required to complete Certification stating that they are maintaining a current Equal Employment Opportunity Plan on file and submit the certification to OJP. Completion and submission of the Certification will take approximately 15 minutes.

(6)*An estimate of the total public burden (in hours) associated with the collection:* For the 6,371 respondents, there are an estimated 2,560 total annual burden hours associated with this collection. If additional information is required, contact Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: January 31, 2006. Brenda E. Dyer, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-1543 Filed 2-3-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection under Review: Accounting System and Financial Capability Questionnaire. The Department of Justice (DOJ), Office of Justice Programs (OJP), Office of the Comptroller has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until April 7, 2006. The process is conducted in accordance with 5 CFR 1320.10. If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cynthia J. Schwimer, Comptroller, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW., Washington, DC 20531. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —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; —Evaluation the accuracy of the agencies 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 submission of responses. Overview of this information collection:

(1)Type of information collection: Extension of a currently approved collection.

(2)Title of the form/collection: Accounting System and Financial Capability Questionnaire.

(3)Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: The agency form number is 7120/1 Office of Justice Programs, United States Department of Justice.

(4)Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Not-for-profit institutions, for-profit entities. Other: none. The information is required for assessing the financial risk of a potential recipient in administrating federal funds in accordance with OMB Circular A-110 and 28 CFR part 70.

(5)An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 100 respondents will complete the form within approximately 4 hours.

(6)An estimate of the total public burden (in hours) associated with the collection: There are an estimated 400 total hour burden hours associated with this collection. If additional information is required contact: Mrs. Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: January 31, 2006. Brenda E. Dyer, Department Clearance Officer, Department of Justice. [FR Doc. E6-1544 Filed 2-3-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection under Review: Budget Detail Worksheet. The Department of Justice (DOJ), Office of Justice Programs (OJP), Office of the Comptroller has submitted the following information collection request to the Office of Management and Budget

(OBM)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until April 7, 2006. The process is conducted in accordance with 5 CFR 1320.10. If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cynthia J. Schwimer, Comptroller, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW., Washington, DC 20531. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —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 agencies 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 submission of responses. Overview of this information collection:

(1)*Type of information collection:* Extension of a currently approved collection.

(2)*Title of the form/collection:* Budget Detail Worksheet.

(3)*Agency form number, if any and the applicable component of the Department of Justice sponsoring the collection:* The agency form number: None. Office of Justice Programs, United States Department of Justice.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: State and local government, Indian tribes, profit entities, non-profit entities, educational institutions, and individuals. The voluntary form is recommended as a guide to assist the recipient in preparing the budget narrative as authorized 28 CFR parts 66 and 70 titled Subpart B, Pre-Award Requirements.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that 2,500 respondents will complete a form within 4 hours.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The estimated total burden hours associated with this collection is 10,000 hours. If additional information is required contact: Mrs. Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: January 31, 2006. Brenda E. Dyer, Department Clearance Officer, Department of Justice. [FR Doc. E6-1545 Filed 2-3-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request January 31, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Department of Labor (DOL). To obtain documentation, contact Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB 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 submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* OSHA Strategic Partnership Program for Worker Safety and Health (OSPP). *OMB Number:* 1218-0244. *Frequency:* On occasion and Annually *Type of Response:* Reporting. *Affected Public:* Business or other for-profit and Federal Government. *Number of Respondents:* 5,113. *Number of Annual Responses:* 5,113. *Estimated Time Per Respondent:* 11 hours. *Total Burden Hours:* 57,923. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The agency requires OSPP information to monitor and to assess the impact of a partnership. An OSHA Strategic Partnership aims to have a measurable positive impact on workplace safety and health that goes beyond what historically has been achievable through traditional enforcement method and focus on individual worksites. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E6-1554 Filed 2-3-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Employment and Training Administration SCSEP Performance Measurement System ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance 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)(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 and Training Administration, Division of Older Worker Programs, is soliciting comments concerning the proposed extension of the collection for the Senior Community Service Employment Program. The proposed information collection request

(ICR)documents can be obtained at this Web site: *http://www.doleta.gov/Performance/guidance/OMBControlNumber.cfm.* DATES: Written comments must be submitted to the office listed in the addressee's section below on or before 60 days after the date of publication in the **Federal Register** . ADDRESSES: Gale B. Gibson, U.S. Department of Labor, Employment and Training Administration, Room S-4206, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone:

(202)693-3758 (This is not a toll-free number); Fax:

(202)693-3817, e-mail: *gibson.gale@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background This package contains revised performance reports for the Senior Community Service Employment Program (SCSEP). The previously approved package permitted implementation of the Older Americans Act

(OAA)Amendments of 2000. That request reflected information collection requirements contained in the Final Rule submitted to OMB on December 24, 2003. The current request is for approval of modified forms required for implementation of an Internet-based SCSEP Performance and Results QPR (SPARQ) system that became effective on July 1, 2005. The SCSEP is funded for approximately $439 million and provides over 61,000 community service positions in which over 93,000 low-income persons aged 55 or older are employed each year. About 20,000 people will be placed from the program into unsubsidized employment in the private or public sector. To ensure that the Senior Community Service Employment Program is properly administered, and to implement the performance measures and sanctions authorized by the 2000 Amendments to the OAA, it has become necessary to expand and change the existing Quarterly Progress Report (QPR). In addition, a collection of information is required under OMB Memorandum M-02-06, which has been adopted by the Department of Labor (the Department). This requirement necessitates a collection of information to implement the Administration's common performance measures. The legal authority for the collection of additional information may be found at sections 503(a)(1), 503(e)(4), 507, 508, 513, and 514 of the 2000 Amendments to the OAA. Data collection forms have also required enhancements to allow tracking the co-enrollment of SCSEP participants in the SCSEP 502(e) training grants that were awarded in October of 2004. The 502(e) grants are a sub-set of the SCSEP designed to involve private, for-profit businesses in training SCSEP participants. 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 *Type of Review:* Revision of a currently approved collection. *Agency:* Employment and Training Administration. *Title:* SCSEP Performance Measurement System. *OMB Number:* 1205-0040. *Agency Form Numbers:* ETA-9120, ETA-9121, ETA-9122, ETA-9123, ETA-9124A, ETA-9124B, ETA-9124C, ETA-8705, and OMB Forms SF269, SF424, and SF424A *Recordkeeping:* N/A *Affected Public:* Not-for-profit institutions; state, local and tribal governments; business or other for-profit; organizations; the Federal government; and individuals *Total Respondents:* 324,940. *Estimated Total Burden Hours:* Estimated Total Burden Hours Cite reference Total respondents 1 Frequency Total responses Average time per response Burden hours Participant Form—ETA-9120 69 Ongoing 106,000 11 mins 19,433 Community Service Assignment Form—ETA-9121 69 Ongoing 110,000 5 mins 9,167 Unsubsidized Employment Form—ETA-9122 69 Ongoing 22,000 11 mins 4,033 Exit Form—ETA-9123 69 Ongoing 55,000 2 mins 1,833 Equitable Distribution Report Form—ETA-8705 56 Annually 56 12 hrs 672 Participant Customer Satisfaction—ETA-9124A 14,000 Annually 14,000 10 mins 2,333 Host Agency Customer Satisfaction—ETA-9124B 13,000 Annually 13,000 10 mins 2,167 Employer Customer Satisfaction—ETA-9124C 4,400 Ongoing 4,400 8 mins 587 Financial Status Report (SF-269) 69 Quarterly and Final 345 1 hour 15 mins 431 Grant Planning—SF-424A 69 Annually 69 3 hours 207 Grant Planning—SF-424 69 Annually 69 45 hours 1,725 Sub Total ETA Forms 324,940 8 mins 42,590 1 The total respondents will likely vary from year to year. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintaining):* $0. 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: January 27, 2006. John R. Beverly, III, Administrator, Office of National Programs. [FR Doc. E6-1555 Filed 2-3-06; 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. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR Part 55, Operators Licenses. 2. *Current OMB approval number:* 3150-0018. 3. *How often the collection is required:* As necessary for NRC to meet its responsibilities to determine the eligibility of applicants for operators' licenses, prepare or review initial operator licensing and requalification examinations, and review applications for and performance of simulation facilities. 4. *Who is required or asked to report:* Holders of and applicants for facility (i.e., nuclear power, research, and test reactor) operating licenses and individual operators' licenses. 5. *The number of annual respondents:* 240. 6. *The number of hours needed annually to complete the requirement or request:* 67,060. 7. *Abstract:* 10 CFR Part 55, “Operators' Licenses,” of the NRC's regulations, specifies information and data to be provided by applicants and facility licenses so that the NRC may make determinations concerning the licensing and requalification of operators for nuclear reactors, as necessary to promote public health and safety. The reporting and recordkeeping requirements contained in 10 CFR Part 55 are mandatory for the licensees and applicants affected. Submit, by April 7, 2006, 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 (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 30th day of January 2006. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. E6-1586 Filed 2-3-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA 05-110] In the Matter of Alfred C. Burris, Senior, M.D.; Confirmatory Order (Effective Immediately) Alfred C. Burris, Senior, M.D. (Dr. Burris) is a self-employed cardiologist, who is licensed to practice medicine in the State of Maryland and the District of Columbia. Dr. Burris submitted an application for an NRC license dated February 2, 2004, to authorize use of byproduct material for diagnostic nuclear medicine. An investigation was initiated by the NRC Office of Investigations

(OI)on May 24, 2004, (OI Case No. 1-2004-028) to determine if Dr. Burris submitted inaccurate and/or misleading information to the NRC in his NRC application to be the sole authorized user

(AU)as well as the Radiation Safety Officer

(RSO)on a license for use of byproduct material for medical imaging and diagnostic purposes. During the course of this investigation, OI identified that an NRC licensee, a mobile cardiac imaging company, may have provided the same inaccurate information in support of their amendment request to add Dr. Burris and another physician to its NRC materials license as Authorized Users. On August 6, 2004, OI initiated a separate investigation (OI Case No. 1-2004-034) to determine if Dr. Burris submitted false information to an NRC licensee to become an AU on their existing NRC license. Based on the evidence developed during its investigations, OI concluded that Dr. Burris deliberately submitted false and/or inaccurate information

(1)to the NRC as an applicant for an NRC license and

(2)to an NRC licensee with the purpose to become an AU on their existing NRC license. The results of the two investigations were completed by OI on April 15, 2005 and June 15, 2005, and were sent to Dr. Burris in two letters dated September 15, 2005. Subsequent to becoming aware of the details of the apparent violation, Dr. Burris took several prompt actions to assure that these events would not recur. These actions included:

(a)Correcting inaccurate information for the record in a letter dated July 26, 2004;

(b)providing details of the violation to associates in the process of getting character references;

(c)supplementing his work experience in May 2004, when he began working with the nuclear medicine technologists at Greater Southeast Community Hospital; and

(d)undertaking efforts to better understand regulatory requirements through self study and review of his consultant's letter of May 4, 2004. In response to the NRC's September 15, 2005 letters, Dr. Burris requested the use of Alternative Dispute Resolution

(ADR)to resolve this apparent violation and pending enforcement action. ADR is a process in which a neutral mediator, with no decision-making authority, assists the NRC and the individual to resolve any disagreements on whether a violation occurred, the appropriate enforcement action, and the appropriate corrective actions. An ADR session was held between Dr. Burris and the NRC in Rockville, MD, on December 1, 2005, and was mediated by a professional mediator, arranged through Cornell University's Institute of Conflict Management. During that ADR session, a settlement agreement was reached. The elements of the settlement agreement consisted of the following: 1. Dr. Burris agreed that he was in violation of NRC requirements when, in an application for a new NRC license, dated February 2, 2004, Dr. Burris submitted inaccurate information contrary to 10 CFR 30.9(a). Specifically, his application indicated that Dr. Burris was listed as an authorized user

(AU)on the Greater Southeast Community Hospital license, when he was not. In addition, the preceptor statement, prepared by a radiologist and attached to his application, inaccurately described required supervised work experience in handling nuclear materials. 2. While NRC and Dr. Burris agreed the violation was not deliberate, NRC maintained that it was in careless disregard of NRC's regulation. 3. Dr. Burris, subsequent to becoming aware of the details of the violation, took prompt actions to assure that he learned from this violation and provided the NRC with assurance that it would not recur. These actions included:

(a)Correcting inaccurate information for the record in a letter dated July 26, 2004;

(b)providing details of the violation to associates in the process of getting character references;

(c)supplementing his work experience in May 2004, when Dr. Burris began working with the nuclear medicine technologists at Greater Southeast Community Hospital; and

(d)undertaking efforts to better understand regulatory requirements through self study and review of his consultant's letter of May 4, 2004. 4. During the ADR mediation session, Dr. Burris recognized an opportunity for other potential Authorized Users/Radiation Safety Officers in the industry to learn from his participation in the NRC enforcement process and his experiences regarding the necessity to provide complete and accurate information to the NRC. Therefore, Dr. Burris agreed to take the following future corrective actions:

(a)Submit an article for consideration to an appropriate medical journal that reaches an audience of cardiologists;

(b)offer to speak at a training session at a meeting of the American Society of Nuclear Cardiology, a similar society, or at a Nuclear Cardiology symposium; and

(a)submit an article for consideration to an appropriate medical journal that reaches an audience of cardiologists;

(b)offer to speak at a training session at a meeting of the American Society of Nuclear Cardiology, a similar society, or at a Nuclear Cardiology symposium; and

(c)write a letter to local cardiologists describing his experiences. In addition, Dr. Burris agreed to meet with a hospital RSO who has a knowledge of imaging and localization studies in order to review NRC requirements. 2. Dr. Burris will complete the actions in Section V.1 within 12 months of the date of this Order, and send a letter to the NRC informing the NRC that these actions are completed within 30 days of completion of all actions. The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon a showing by Dr. Burris of good cause. Any person adversely affected by this Confirmatory Order, other than Dr. Burris, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and must include a statement of good cause for the extension. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemaking and Adjudications Staff, Washington, DC 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, and to the Director of the Division of Regulatory Improvement Programs at the same address. Because of continuing disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel by means of facsimile transmission to 301-415-3725 or e-mail to *OGCMailCenter@nrc.gov* . If such a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR § 2.309(d) and (f). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order shall be sustained. An answer or a request for a hearing shall not stay the effectiveness date of this order. Dated this 27th day of January, 2006. For the Nuclear Regulatory Commission. Michael Johnson, Director, Office of Enforcement. [FR Doc. E6-1570 Filed 2-3-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-05-136] In the Matter of Digirad Imaging Solutions, Inc.; Confirmatory Order (Effective Immediately) Digirad Imaging Solutions, Incorporated (DIGIRAD or Licensee) is the holder of Byproduct Material License 31-30666-01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30 and 35. This mobile medical license authorizes possession of radionuclides for medical diagnosis, including uptake, dilution and excretion studies permitted by 10 CFR 35.100; and imaging and localization studies permitted by 10 CFR 35.200. The license further authorizes possession and use of byproduct material at specified facilities located in Indiana, Michigan, Missouri, New Jersey, Pennsylvania, Virginia, and West Virginia. The license also authorizes use of byproduct material at temporary jobsites of the licensee anywhere in the United States where the NRC maintains jurisdiction for regulating the use of licensed material, including areas of exclusive Federal jurisdiction within Agreement States. The license was originally issued on August 21, 2001, was due to expire on July 31, 2005, and is currently under timely renewal pursuant to 10 CFR 30.36(a)(1). On August 6, 2004, the NRC Office of Investigations

(OI)initiated an investigation (OI Case No. 1-2004-034) to determine if a physician listed on the DIGIRAD NRC license submitted false information to DIGIRAD in October 2003 to become an Authorized User

(AU)on its existing NRC license. Based on the evidence developed during its investigations, OI substantiated that false and/or inaccurate information was submitted to DIGIRAD by the physician for the purpose of adding that physician as an AU on the existing DIGIRAD NRC license. The results of the investigation completed on June 15, 2005, were sent to DIGIRAD in a letter dated September 15, 2005. This letter stated that a physician listed as an AU on DIGIRAD's NRC license deliberately provided inaccurate information to DIGIRAD to become an AU on DIGIRAD's license, but that DIGIRAD did not knowingly submit the false information to the NRC in an amendment request dated October 16, 2003, that it submitted to the NRC to add the physician to the list of AUs on the license. Subsequent to becoming aware of the NRC investigation and of the apparent violation, DIGIRAD took several actions to assure that these events would not recur. These actions included:

(a)Immediately removing two AUs from its license;

(b)cancelling a contract it had with one of the physicians;

(c)attaching to physicians and preceptors statement form a notice equivalent to the following: “ *Notice to Physician and Preceptor:* 10 CFR 30.9(a) and 30.10(a) require that all information provided to the Nuclear Regulatory Commission by a licensee or its agents shall be complete and accurate in all material respects. The submission of false information constitutes a serious violation of applicable regulations and may cause you or us to be fined, to lose licensing privileges, or to suffer other significant penalties.”; and

(d)requiring any physician that is added to its license to sign and date a document containing a statement equivalent to the following: “In connection with my application to be named as an Authorized User on Digirad Imaging Solution's (“DIS”) radioactive materials license, I am aware that the submission of information that is not complete and accurate in all material respects is a violation of 10 CFR Sections 30.9(a) and 30.10(a). I hereby represent and warrant that, to the best of my knowledge, the information I have submitted to DIS in connection with my application to be named as an Authorized User is complete and accurate in all material respects.” Also, in response to the NRC's September 15, 2005, letter, DIGIRAD requested the use of Alternative Dispute Resolution

(ADR)to resolve this apparent violation and pending enforcement action. ADR is a process in which a neutral mediator, with no decision-making authority, assists the NRC and DIGIRAD to resolve any disagreements on whether a violation occurred, the appropriate enforcement action, and the appropriate corrective actions. An ADR session was held between DIGIRAD and the NRC in King of Prussia, PA, on November 14, 2005, and was mediated by a professional mediator, arranged through Cornell University's Institute of Conflict Management. Based on discussions at the ADR mediation session, as well as subsequent discussions held on December 14 and 15, 2005, between Vera Pardee, Vice President and General Counsel for DIGIRAD, and Karl Farrar, Region I Counsel, a settlement agreement was reached. The elements of the settlement agreement consisted of the following: 1. The NRC and DIGIRAD agreed to disagree on the violation being in careless disregard of NRC requirements. 2. DIGIRAD took the corrective actions described in Section II above prior to attending the ADR Mediation Session on November 14, 2005. 3. As a means to provide added assurance to meet the requirements of 10 CFR 30.9(a) and 30.10(a), DIGIRAD agreed that for all future NRC AU applicants, on a yearly basis, it will audit the training and experience credentials of the first 10 AU applicants and 25% of any applications received after the first 10. DIGIRAD will audit by endeavoring to locate and call preceptors as well as Continuing Medical Education providers to verify the information given by the AU applicants. This does not eliminate the requirement that DIGIRAD provide complete and accurate information to the NRC on all AU applicants. The results of this audit will be documented and submitted to the NRC at the end of a two-year period. However, DIGIRAD will notify the NRC as soon as practicable after identification of any discrepancies identified as a result of the audit. If no falsifications are uncovered during the two-year period, DIGIRAD will discontinue the practice. 4. In addition, DIGIRAD will take other actions to ensure that similar violations will not recur. These actions will include the Vice President and Corporate Radiation Safety Officer preparing and submitting a commentary to

(a)the Journal of Nuclear Medicine,

(b)the Journal of Nuclear Medicine Technology, and

(c)the Journal of Medical Physics to provide an opportunity for other licensees in the industry to learn from this incident. DIGIRAD will advise NRC upon completion of these items and not later than one year from the date of this agreement. 5. In light of the corrective actions that DIGIRAD has taken or has committed to take as described in Items 2, 3 and 4, the NRC agreed to issue a Severity Level III Notice of Violation to DIGIRAD (10 CFR 30.9(a)), but to not issue a Civil Penalty. This action will be publicly available in ADAMS and on the NRC “Significant Enforcement Actions” Web site, and the NRC will issue a press release announcing this action, as well as the actions DIGIRAD has taken and committed to take to address the violation. 6. DIGIRAD agreed to issuance of a Confirmatory Order confirming this agreement. In light of the actions DIGIRAD has taken and agreed to take to correct the violation and prevent recurrence, as set forth in section III above, the NRC has concluded that its concerns regarding the violation can be resolved through the NRC's confirmation of the commitments as outlined in this Confirmatory Order. I find that DIGIRAD's commitments as set forth in section III above are acceptable. However, in view of the foregoing, I have determined that these commitments shall be confirmed by this Confirmatory Order. Based on the above and DIGIRAD's consent, this Confirmatory Order is immediately effective upon issuance. Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR part 30 and 35, *it is hereby ordered, that by August 23, 2006:* 1. DIGIRAD will audit, for all future NRC AU applicants, on a yearly basis, the training and experience credentials of the first 10 AU applicants and 25% of any applications received after the first 10. DIGIRAD will audit by endeavoring to locate and call preceptors as well as Continuing Medical Education providers to verify the information given by the AU applicants. This does not eliminate the requirement that DIGIRAD provide complete and accurate information to the NRC on all AU applicants. The results of this audit will be documented and submitted to the NRC at the end of a two-year period. However, DIGIRAD will notify the NRC as soon as practicable after identification of any discrepancies identified as a result of the audit. If no falsifications are uncovered during the two-year period, DIGIRAD will discontinue the practice. 2. The DIGIRAD Vice President and Corporate Radiation Safety Officer will prepare and submit a commentary regarding this violation to the Journals of Nuclear Medicine, Nuclear Medicine Technology, and Medical Physics to provide an opportunity for other licensees in the industry to learn from this incident. 3. DIGIRAD will advise NRC upon completion of these items and not later than one year from the date of this agreement. The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon a showing by DIGIRAD of good cause. Any person adversely affected by this Confirmatory Order, other than DIGIRAD, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and must include a statement of good cause for the extension. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemaking and Adjudications Staff, Washington, DC 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, to the Director of the Division of Regulatory Improvement Programs at the same address, and to MSHMC. Because of continuing disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel by means of facsimile transmission to 301-415-3725 or e-mail to *OGCMailCenter@nrc.gov.* If such a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order shall be sustained. *An answer or a request for a hearing shall not stay the effectiveness date of this order.* Dated this 27th day of January 2006. For the Nuclear Regulatory Commission. Michael Johnson, Office of Enforcement. [FR Doc. E6-1568 Filed 2-3-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-293] Entergy Nuclear Operations, Inc.; Notice of Receipt and Availability of Application for Renewal of Pilgrim Nuclear Power Station Facility Operating License No. DPR-35 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or Commission) has received an application, dated January 25, 2006, from Entergy Nuclear Operations, Inc., filed pursuant to Section 104b (DPR-35) of the Atomic Energy Act of 1954, as amended, and 10 CFR part 54, to renew the operating license for the Pilgrim Nuclear Power Station. Renewal of the license would authorize the applicant to operate the facility for an additional 20-year period beyond the period specified in the current operating license. The current operating license for the Pilgrim Nuclear Power Station (DPR-35) expires on June 8, 2012. The Pilgrim Nuclear Power Station is a Boiling Water Reactor designed by General Electric. The unit is located in Plymouth, MA. The acceptability of the tendered application for docketing, and other matters including an opportunity to request a hearing, will be the subject of subsequent **Federal Register** notices. Copies of the application are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20582 or electronically from the NRC's Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under accession number ML060300024. The ADAMS Public Electronic Reading Room is accessible from the NRC's Web site at *http://www.nrc.gov/reading-rm/adams.html* . In addition, the application is available at *http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html* , on the NRC's Web page, while the application is under review. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR Reference staff at 1-800-397-4209, extension 301-415-4737, or by e-mail to *pdr@nrc.gov.* A copy of the license renewal application for the Pilgrim Nuclear Power Station is also available to local residents near the Pilgrim Nuclear Power Station at the Plymouth Public Library, 132 South Street, Plymouth, MA 02360. Dated at Rockville, Maryland, this 31st day of January, 2006. For the Nuclear Regulatory Commission. Frank P. Gillespie, Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E6-1566 Filed 2-3-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-271] Entergy Nuclear Operations, Inc. Notice of Receipt and Availability of Application for Renewal of Vermont Yankee Nuclear Power Station Facility Operating License No. Dpr-28 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or Commission) has received an application, dated January 25, 2006, from Entergy Nuclear Operations, Inc., filed pursuant to Section 104b (DPR-28) of the Atomic Energy Act of 1954, as amended, and 10 CFR part 54, to renew the operating license for the Vermont Yankee Nuclear Power Station. Renewal of the license would authorize the applicant to operate the facility for an additional 20-year period beyond the period specified in the current operating license. The current operating license for the Vermont Yankee Nuclear Power Station (DPR-28) expires on March 21, 2012. The Vermont Yankee Nuclear Power Station is a Boiling Water Reactor designed by General Electric. The unit is located in Vernon, VT. The acceptability of the tendered application for docketing, and other matters including an opportunity to request a hearing, will be the subject of subsequent **Federal Register** notices. Copies of the application are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20582 or electronically from the NRC's Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under accession number ML060300078. The ADAMS Public Electronic Reading Room is accessible from the NRC's Web site at *http://www.nrc.gov/reading-rm/adams.html* . In addition, the application is available at *http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html* , on the NRC's Web page, while the application is under review. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR Reference staff at 1-800-397-4209, extension 301-415-4737, or by e-mail to *pdr@nrc.gov* . A copy of the license renewal application for the Vermont Yankee Nuclear Power Station is also available to local residents near the Vermont Yankee Nuclear Power Station at the following four public libraries: Vernon Free Library, 567 Governor Hunt Rd, Vernon, VT 05354; Brooks Memorial Library, 224 Main Street, Brattleboro, VT 05301; Hinsdale Public Library, 122 Brattleboro Rd, Hinsdale, NH 03451; and Dickinson Memorial Library, 115 Main St, Northfield, MA 01360. Dated at Rockville, Maryland, this 31st day of January, 2006. For the Nuclear Regulatory Commission. Frank P. Gillespie, Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E6-1567 Filed 2-3-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-11789] Notice of Environmental Assessment Related to the Issuance of a License Amendment to Byproduct Material License No. 24-00196-07, for Unrestricted Release of a Facility for Saint Louis University, St. Louis, MO AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of environmental assessment and Finding of No Significant Impact for license amendment. FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532-4352; telephone:

(630)829-9856; or by e-mail at *gmm@nrc.gov* . SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of an amendment to NRC Byproduct Materials License No. 24-00196-07, which is held by Saint Louis University (licensee). The amendment would authorize the unrestricted release of the licensee's former Radioactive Waste Storage Facility, located at 1008 South Spring Avenue, St. Louis, Missouri. The NRC has prepared an Environmental Assessment in support of this action in accordance with the requirements of 10 CFR part 51. Based on the Environmental Assessment, the NRC has determined that a Finding of No Significant Impact is appropriate. The amendment to Saint Louis University's license will be issued following the publication of this Environmental Assessment and Finding of No Significant Impact. I. Environmental Assessment Identification of Proposed Action The proposed action would approve St. Louis University's request to amend its license and release the licensee's former waste storage facility for unrestricted use in accordance with 10 CFR part 20, subpart E. The proposed action is in accordance with the Saint Louis University's request to the U.S. Nuclear Regulatory Commission

(NRC)to amend its NRC Byproduct Material License by letters dated October 31, 2005 (ADAMS Accession No. ML060180319), and January 13, 2006 (ADAMS Accession No. ML060170694). Saint Louis University is licensed as an NRC broad scope licensee and was first licensed to use byproduct materials for broad scope uses on January 19, 1976. The licensee is authorized to use byproduct materials for broad scope activities involving medical research, diagnostic and therapeutic medical procedures, laboratory studies and educational programs. The licensee is authorized to possess and use curie quantities of byproduct materials atomic number 1 through 83, inclusive. The licensee's Radioactive Waste Storage Facility located at 1008 South Spring Avenue, St. Louis, Missouri, was designed to receive and process the licensee's research and laboratory wastes for disposal to authorized recipients. The use of the Radioactive Waste Storage Facility for waste processing activities was first authorized for use by the NRC in License No. 24-00196-07, Amendment No. 25, dated March 19, 1999. According to the licensee, use and storage of radioactive material in the Radioactive Waste Storage Facility ceased on August 12, 2005. The licensee conducted surveys of the facility and provided this information to the NRC to demonstrate that the radiological conditions of former waste processing and storage areas, and offices located in the Radioactive Waste Storage Facility are consistent with radiological criteria for unrestricted use in 10 CFR part 20, subpart E. No radiological remediation activities are required to complete the proposed action. The NRC completed a closeout inspection and survey of the licensee's activities, which are the subject of this license amendment, on January 18, 2006 (NRC Inspection Report No. 030-11789/05-002

(DNMS)(ADAMS Accession No. ML060200576)), to conduct independent radiological surveys and to verify the licensee's survey findings. Need for the Proposed Action The licensee is requesting this license amendment because it no longer plans to use the Radioactive Waste Storage Facility for NRC-licensed activities at Saint Louis University. The NRC is fulfilling its responsibilities under the Atomic Energy Act to make a decision on the proposed action for decommissioning that ensures that residual radioactivity is reduced to a level that is protective of the public health and safety and the environment, and allows the Radioactive Waste Storage Facility to be released for unrestricted use. Environmental Impacts of the Proposed Action The NRC staff reviewed the information provided and surveys performed by the licensee to demonstrate that the release of the Radioactive Waste Storage Facility located at 1008 South Spring Avenue, St. Louis, Missouri, are consistent with the radiological criteria for unrestricted use specified in 10 CFR 20.1402. The NRC performed a closeout inspection and survey to confirm the licensee's findings. Based on its review, the staff determined that there were no radiological impacts associated with the proposed action because no radiological remediation activities were required to complete the proposed action, and that the radiological criteria for unrestricted use in § 20.1402 have been met. Based on its review, the staff determined that the radiological environmental impacts from the proposed action for the former Radioactive Waste Storage Facility are bounded by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496). Additionally, no non-radiological or cumulative impacts were identified. Therefore, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Alternatives to the Proposed Action The only alternative to the proposed action of releasing the licensee's former Radioactive Waste Storage Facility for unrestricted use is to take no action. Under the no-action alternative, the licensee's facility would remain under an NRC license and would not be released for unrestricted use. Denial of the license amendment request would result in no change to current conditions at the University. The no-action alternative is not acceptable because it is inconsistent with 10 CFR 30.36, which requires licensees who have ceased licensed activities to request termination of their radioactive material license. This alternative would impose an unnecessary regulatory burden in controlling access to the facility, and limit potential benefits from the future use of the facility. Conclusion The NRC staff concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted The NRC staff has determined that the proposed action will not affect listed species or critical habitats. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. Likewise, the NRC staff has determined that the proposed action is not a type of activity that has potential to cause effect on historic properties. Therefore, consultation under Section 106 of the National Historic Preservation Act is not required. The NRC consulted with the Missouri Department of Health and Senior Services. The Missouri Department of Health and Senior Services, Division of Community and Public Health, Office of Emergency Coordination was provided the draft EA for comment on January 19, 2006. Mr. Keith Henke, Planner III, with the Missouri Office of Emergency Coordination, responded to the NRC by telephone on January 19, 2006, indicating that the State had no comments regarding the NRC Environmental Assessment for the release of the Saint Louis University facility. II. Finding of No Significant Impact On the basis of the EA in support of the proposed license amendment to release the site for unrestricted use, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Thus, the NRC has not prepared an environmental impact statement for the proposed action. III. 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 Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* The documents and ADAMS accession numbers related to this notice are: 1. Haenchen, Mark, M.S., J.D., Director and Radiation Safety Officer, Office of Environmental Safety & Services, Saint Louis University, October 31, 2005 letter to the NRC requesting a license amendment for the release of the former Radioactive Waste Storage Facility (ML060180319). 2. Bachmann, Kenneth, M.S., Health Physicist, Saint Louis University consultant, letter dated January 13, 2006, to the NRC (ML060170694). 3. NRC Inspection Report No. 030-11789/05-002

(DNMS)dated January 20, 2006 (ML060200576). 4. U.S. Nuclear Regulatory Commission, “Environmental Review Guidance for Licensing Actions Associated with NMSS Programs,” NUREG-1748, August 2003. 5. U.S. Nuclear Regulatory Commission, “Environmental Review Guidance for Licensing Actions Associated with NMSS Programs,” NUREG-1748, August 2003. 6. U.S. Nuclear Regulatory Commission, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities,” NUREG-1496, August 1994. 7. NRC, NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volumes 1-3, September 2003. 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 Lisle, Illinois, this 27th day of January 2006. For the Nuclear Regulatory Commission, Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. 06-1043 Filed 2-3-06; 8:45 am]

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