Notices. Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment

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BILLING CODE 7570-01-M 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 62—“Criteria and Procedures for Emergency Access to Non-Federal and Regional Low-Level Waste Disposal Facilities.” 2. *Current OMB approval number:* 3150-0158. 3. *How often the collection is required:* The collection would only be required upon application for an exemption or when access to a non-Federal low-level waste disposal facility is denied, which results in a public health and safety and/or common defense and security concern. 4. *Who is required or asked to report:* Generators of low-level waste who are denied access to a non-Federal low-level waste facility. 5. *The estimated number of annual respondents:* 2 (No exemptions or requests for emergency access has been recorded to date). 6. *The number of hours needed annually to complete the requirement or request:* 233. 7. *Abstract:* 10 CFR part 62 sets out the information which must be provided to the NRC by any low-level waste generator seeking emergency access to an operating low-level waste disposal facility.

The information is required to allow NRC to determine if denial of disposal constitutes a serious and immediate threat to public health and safety or common defense and security. 10 CFR part 62 also provides that the Commission may grant an exemption from the requirements in this Part upon application of an interested person or upon its own initiative. Submit, by May 8, 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, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 1st day of March 2006. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. E6-3292 Filed 3-7-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-271] Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.;

Notice of Issuance of Amendment to Facility Operating License and Final Determination of No Significant Hazards Consideration The U.S. Nuclear Regulatory Commission (Commission) has issued Amendment No. 229 to Facility Operating License No. DPR-28, issued to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (the licensee), which revised the Technical Specifications

(TSs)and License for operation of the Vermont Yankee Nuclear Power Station (VYNPS) located in Windham County, Vermont. The amendment was effective as of the date of its issuance. The amendment increases the maximum authorized power level for VYNPS from 1593 megawatts thermal

(MWt)to 1912 MWt, which is an increase of approximately 20 percent. The increase in power level is considered an extended power uprate. The application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. The Commission published a “Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing” related to this action in the **Federal Register** on July 1, 2004 (69 FR 39976). This Notice provided 60 days for the public to request a hearing. On August 30, 2004, the Vermont Department of Public Service and the New England Coalition filed requests for hearing in connection with the proposed amendment. By Order dated November 22, 2004, the Atomic Safety and Licensing Board

(ASLB)granted those hearing requests and by Order dated December 16, 2004, the ASLB issued its decision to conduct a hearing using the procedures in 10 CFR part 2, subpart L, “Informal Hearing Procedures for NRC Adjudications.” The Commission published a “Notice of Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration Determination” related to this action in the **Federal Register** on January 11, 2006 (71 FR 1744). This Notice provided 30 days for public comment. The Commission received comments on the proposed no significant hazards consideration as discussed below. Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has determined that no significant hazards consideration is involved. The Commission has applied the standards of 10 CFR 50.92 and has made a final determination that the amendment involves no significant hazards consideration. Public comments received on the proposed no significant hazards consideration determination were considered in making the final determination. The basis for this determination is contained in the Safety Evaluation related to this action. Accordingly, as described above, the amendment has been issued and made immediately effective and any hearing will be held after issuance. The Commission published an Environmental Assessment related to the action in the **Federal Register** on January 27, 2006 (71 FR 4614). Based on the Environmental Assessment, the Commission concluded that the action will not have a significant effect on the quality of the human environment. Accordingly, the Commission determined not to prepare an environmental impact statement for the proposed action. For further details with respect to this action, see the application for amendment dated September 10, 2003, as supplemented by letters dated October 1, and October 28 (2 letters), 2003; January 31 (2 letters), March 4, May 19, July 2, July 27, July 30, August 12, August 25, September 14, September 15, September 23, September 30 (2 letters), October 5, October 7 (2 letters), December 8, and December 9, 2004; February 24, March 10, March 24, March 31, April 5, April 22, June 2, August 1, August 4, September 10, September 14, September 18, September 28, October 17, October 21 (2 letters), October 26, October 29, November 2, November 22, and December 2, 2005; January 10, and February 22, 2006, which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically 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 2nd day of March, 2006. For the Nuclear Regulatory Commission. Richard B. Ennis, Senior Project Manager, Plant Licensing Branch I-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-3291 Filed 3-7-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Receipt of Request for Action Under 10 CFR 2.206 Notice is hereby given that by petition dated January 25, 2006, as supplemented by the letter dated February 2, 2006, David Lochbaum, acting on behalf of the Union of Concerned Scientists and numerous other organizations and individuals, has requested that the Nuclear Regulatory Commission

(NRC)take action with regard to nuclear power reactors and research and test reactors licensed by the NRC that are either operating or undergoing decommissioning. The petitioners request that the NRC issue a Demand for Information

(DFI)to each licensee for the subject facilities that would require them to provide information related to systems, programs, and monitoring activities related to the potential release of water contaminated with radioactive materials. As the basis for this request, the petitioners describe several cases of contamination at nuclear facilities and the uncontrolled release of radioactively contaminated water from NRC-licensed facilities. The petitioners' cite NRC regulations requiring licensees to have controls to limit the release of radioactive materials and to limit the radiation dose individuals receive from the operation of NRC-licensed facilities. The petitioners request the issuance of a DFI to the subject licensees to verify compliance with NRC regulations and to support assessments of the potential public health threat from such releases of radioactively contaminated water. The request is being treated pursuant to § 2.206 of Title 10 of the *Code of Federal Regulations* (10 CFR 2.206). The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action will be taken on this petition within a reasonable time. A copy of the petition and the supplemental letter are available in the NRC's Agencywide Documents Access and Management System (ADAMS) for inspection under Accession Nos. ML060330228 and ML060400179 at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on 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 1st day of March 2006. For the Nuclear Regulatory Commission. Christopher I. Grimes, Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E6-3293 Filed 3-7-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Availability of Interim Staff Guidance Documents for Fuel Cycle Facilities AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: James Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. Telephone:

(301)415-6459; fax number: ( 301) 415-5370; e-mail: *jas4@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission

(NRC)is preparing and issuing Interim Staff Guidance

(ISG)documents for fuel cycle facilities. These ISG documents provide clarifying guidance to the NRC staff when reviewing licensee integrated safety analyses, license applications or amendment requests or other related licensing activities for fuel cycle facilities under Subpart H of 10 CFR Part 70. The NRC is making available in final one ISG document (FCSS-ISG-05), which was previously issued for comment in September 2004. Additions and changes have been made in response to comments from the public and members of the NRC staff. II. Summary The purpose of this notice is to provide the public with the final version of an interim staff guidance

(ISG)document for fuel cycle facilities. FCSS-ISG-05, Rev. 0 discusses the effective dates for the additional reporting requirements of 10 CFR 70.74 and Appendix A to 10 CFR Part 70, and the applicability of NRC Bulletin 91-01, “Reporting Loss of Criticality Safety Controls.” III. Further Information Documents related to this action 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 document related to this notice is provided in the following table. If you do not have access to ADAMS or if there are problems in accessing the document 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* . Interim staff guidance ADAMS accession No. FCSS Interim Staff Guidance-05, Rev. 0 ML053630228. This document 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. Questions on the ISG can be directed to James Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. Comments can also be submitted by telephone, fax, or e-mail which are as follows: Telephone:

(301)415-6459; fax number:

(301)415-5370; e-mail: *jas4@nrc.gov* . Dated at Rockville, Maryland this 27th day of February, 2006. For the Nuclear Regulatory Commission. Melanie A. Galloway, Chief, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. Division of Fuel Cycle Safety and Safeguards; FCSS Interim Staff Guidance-05, Revision 0; Additional Reporting Requirements of 10 CFR 70.74 Issue Effective dates for the additional reporting requirements of 10 CFR 70.74, Appendix A to 10 CFR Part 70, and NRC Bulletin 91-01, “Reporting Loss of Criticality Safety Controls.'' Introduction The purpose of this Interim Staff Guidance

(ISG)is to clarify what parts of Appendix A to 10 CFR Part 70 are effective as of October 18, 2000; what parts are effective after the submittal of the Integrated Safety Analysis

(ISA)Summary, in accordance with 10 CFR 70.62(c)(3)(ii); and when the reporting requirements in NRC Bulletin 91-01, currently referenced in fuel cycle licenses, are superceded by the requirements of 10 CFR 70.74. This ISG supplements information in Sections 5.4.1, 5.4.3.4.7, and 11.4.3.6 of NUREG-1520, “Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility.'' The information in NUREG-1718 is not affected by this ISG, because a mixed-oxide

(MOX)fuel fabrication facility would be a new facility, and therefore (as with any other new Part 70 facilities) the complete submittal of an ISA Summary ( *i.e.* , an ISA Summary covering the entire facility) would be necessary before an operating license could be granted. Thus, all requirements of Appendix A to 10 CFR Part 70 would apply to a facility of this type and the provisions of NRC Bulletin 91-01 would not apply. Background on 10 CFR Part 20 and NRC Bulletin 91-01 BL-91-01 noted that an immediate report was required by 10 CFR 20.403(a)(1)[now 20.2202(a)(1)] if an event threatened to cause an exposure exceeding 25 rem total effective dose equivalent. The bulletin explained that the NRC considers the loss of a criticality control to threaten an event that may cause an exposure > 25 rem; therefore, it requires an immediate report under 10 CFR Part 20. Equipment-related controls may also require an immediate report under 10 CFR 70.50(a). In response to the original bulletin issued in 1991, licenses noted that some criticality controls are more significant than others and committed to reporting the loss of less significant criticality controls than those requiring immediate reports under 10 CFR 20.403(a)(1) and 10 CFR 70.50(a). In addition, it was acceptable for licensees to report the loss of less significant criticality controls in accordance with the commitments made in response to the original bulletin. Discussion After October 18, 2000, existing licensees must comply with the reporting requirements of (a)(1), (a)(2), and (b)(4) of Appendix A to Part 70. The new reporting requirements require reporting to the NRC Operations Center:

(1)Within 1 hour, an inadvertent nuclear criticality, and an acute intake by an individual of 30 mg or greater of uranium in a soluble form; and

(2)within 24 hours any natural phenomenon or other external event (including fires internal or external to the facility) to the facility that has affected or may have affected the intended safety function, availability, or reliability of one or more items relied on for safety. The remaining reporting requirements listed in Appendix A were held in abeyance until after the complete submittal of the ISA Summary, required by October 18, 2004, in accordance with 10 CFR 70.62(c)(3)(ii). “Complete submittal'' means that an ISA summary that includes the entire facility and all licensed processes must have been submitted to NRC. Partial ISA Summary submittals under 10 CFR 70.62(c)(3)(ii) or as part of a license amendment do not meet this criterion. Many existing fuel facility licenses include reporting requirements in accordance with NRC Bulletin 91-01. Following complete submittal of the ISA Summary, these remain conditions of these licenses until NRC has issued a licensing action to delete these requirements. Therefore, between October 18, 2000, and complete submittal of the ISA Summary, both the requirements of Bulletin 91-01 (as committed to in the license) and paragraphs (a)(1), (a)(2), and (b)(4) of Appendix A of Part 70 apply. Following complete submittal, the NRC Bulletin 91-01 requirements in the license will be superceded by the requirements of 10 CFR 70.74 upon issuance of an NRC licensing action to effect this change. It should also be noted that additional immediate reporting requirements in 10 CFR 20.2202(a) and 10 CFR 70.50(a) still apply. A new facility would require submittal of an ISA Summary prior to being licensed, and thus, for a new Part 70 facility, all the provisions of Appendix A to Part 70 apply. Regulatory Basis Each licensee shall report to the NRC Operations Center the events described in Appendix A to Part 70. [10 CFR 70.74(a)(1)] Per Appendix A to Part 70, licensees must comply with the reporting requirements in this appendix, except for (a)(1), (a)(2), and (b)(4), after they have submitted an ISA Summary in accordance with 10 CFR 70.62(c)(3)(ii). However, after October 18, 2000, licensees must comply with (a)(1), (a)(2), and (b)(4). Specific reporting requirements are contained in paragraphs (a), (b), and

(c)of Appendix A to Part 70. Technical Review Guidance The staff has concluded that a licensee complies with the reporting requirements of its license and 10 CFR Part 70 provided that the following is met: • An existing licensee has committed to report the events listed under paragraphs (a)(1), (a)(2), and (b)(4), of Appendix A of Part 70. • An existing licensee has committed to reporting all events listed under Appendix A of Part 70 upon complete submittal of its ISA Summary, as required under 10 CFR 70.62(c)(3)(ii). • An existing licensee has committed to reporting the loss of double contingency protection, as required by its license commitments to follow NRC Bulletin 91-01, until such time that an NRC licensing action has eliminated the reference to NRC Bulletin 91-01 requirements. • A new applicant has committed to reporting all events listed under Appendix A of Part 70 upon complete submittal of its ISA Summary as required under 10 CFR 70.62(c)(3)(ii). Recommendation Whereas the complete submittal of a licensee's ISA Summary was required no later than October 18, 2004 (per 10 CFR 70.62(c)(3)(ii)), no change to NUREG-1520 is warranted to reference NRC Bulletin 91-01. All the provisions of Appendix A of Part 70 will apply upon complete submittal of the ISA Summary. In addition, current license provisions requiring additional reporting will remain in effect until issuance of an NRC licensing action to effect this change. References NRC Bulletin 91-01, “Reporting Loss of Criticality Safety Controls,'' October 18, 1991. NRC Bulletin 91-01, Supplement 1, “Reporting Loss of Criticality Safety Controls,'' July 27, 1993. Approved: February 28, 2006. Robert C. Pierson, Director, NMSS/FCSS. [FR Doc. E6-3324 Filed 3-7-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Paperwork Reduction Act Notice of Collection of Applications for Dispute Settlement Rosters AGENCY: Office of the United States Trade Representative. ACTION: Request for comments on the collection of applications. SUMMARY: Free trade agreements entered into by the United States require the establishment of lists or rosters of individuals that would be available to serve as panelists in dispute settlement proceedings. From time to time, the Office of the United States Trade Representative

(USTR)will collect applications from people who wish to serve on those panels. USTR solicited comments from the public on this proposed collection of information and received none. Therefore no changes have been made to the proposed collection. USTR is now submitting a request for approval to the Office of Management and Budget pursuant to the Paperwork Reduction Act. DATES: Comments regarding this collection of information should be received no later than April 8, 2006. ADDRESSES: Comments should be submitted to David Rostker in the Office of Information and Regulatory Affairs, Office of Management and Budget. Fax number,

(202)395-7285, or by e-mail to *David_Rostker@omb.eop.gov.* FOR FURTHER INFORMATION CONTACT: David Apol, Office of the United States Trade Representative,

(202)395-9633. SUPPLEMENTARY INFORMATION: Dispute Settlement Mechanisms of U.S. Free Trade Agreements U.S. free trade agreements set out detailed procedures for the resolution of disputes over compliance with the obligations set out in each agreement. Generally, dispute settlement involves three stages:

(1)Lower level consultations between the disputing Parties to try to arrive at a mutually satisfactory resolution of the matter;

(2)cabinet-level consultations; and

(3)resort to a neutral panel to make a determination as to whether a Party is in compliance with its obligations under the agreement. This panel is composed of individuals chosen by the Parties. The method by which the panel is selected varies between agreements. Some agreements require the establishment of a roster, from which panelists shall normally be selected. See e.g. Chile FTA, Article 22.7. Other agreements allow the Parties to select anyone as a panelist, after consultations, but provide for a contingent list from which panelists can be selected by lot, if the Parties do not otherwise select a panelist. See e.g. Singapore FTA, Article 20.4; Australia FTA, Article 21.7; Morocco FTA, Article 20.7. Eligible individuals who wish to be considered for the various rosters and lists will be invited to submit applications. Persons submitting applications may either send one copy by fax or transmit a copy electronically. Applications must be typewritten, and should be headed “Application for Consideration as an FTA Panelist.” Applicants will be asked to include the following information: 1. Name of the applicant. 2. Business address, telephone number, fax number, and e-mail address. 3. Citizenship(s). 4. Agreement or agreements for which the applicant wishes to be considered. 5. Current employment, including title, description of responsibility, and name and address of employer. 6. Relevant education and professional training. 7. Relevant language fluency, written and spoken. 8. Post-education employment history, including the dates and addresses of each prior position and a summary of responsibilities. 9. Relevant professional affiliations and certifications, including, if any, current bar memberships in good standing. 10. A list and copies of publications, testimony, and speeches, if any, concerning the relevant area of expertise. Judges or former judges should list relevant judicial decisions. Only one copy of publications, testimony, speeches, and decisions need be submitted. 11. Summary of any current and past employment by, or consulting or other work for, the Government of the United States or for the government of the other Party to the agreement for which you are to be considered (e.g. NAFTA, Singapore, Chile, Australia, or Morocco). 12. The names and nationalities of all foreign principals for whom the applicant is currently or has previously been registered pursuant to the Foreign Agents Registration Act, 22 U.S.C. 611 *et seq.,* and the dates of all registration periods. 13. A short statement of qualifications and availability for service on FTA dispute settlement panels, including information relevant to the applicant's familiarity with international trade law and willingness and ability to make time commitments necessary for service on panels. 14. On a separate page, the names, addresses, telephone and fax numbers of three individuals willing to provide information concerning the applicant's qualifications for service, including the applicant's character, reputation, reliability, judgment, and familiarity with international trade law. 15. Information regarding any specific skill or experience which may be relevant to a specific panel for which the applicant is applying. Paperwork Burden It is estimated that approximately 150 individuals a year will submit applications for various panels and that it will take each applicant approximately three hours to compile their applications for a total paperwork burden of 450 hours a year. The recordkeeping cost of maintaining the information received will be minimal. David Apol, Associate General Counsel, Office of the United States Trade Representative. [FR Doc. 06-2201 Filed 3-7-06; 8:45am]

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