Notices. Notice of the OMB review of information collection and solicitation of public comment

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

BILLING CODE 7533-01-M NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Extension. 2. *The title of the information collection:* Requests to Non-Agreement States for Information. 3. *The form number if applicable:* Not applicable. 4. *How often the collection is required:* 6 times per year. 5. *Who will be required or asked to report:* The 18 States (16 Non-Agreement States and 2 territories, the District of Columbia and the Commonwealth of Puerto Rico) that have not signed 274(b) Agreements with NRC. **Note** : Minnesota became an Agreement State effective March 31, 2006. 6. *An estimate of the number of annual responses:* 108. 7. *The estimated number of annual respondents:* 18 States (16 Non-Agreement States and 2 territories, the District of Columbia and Commonwealth of Puerto Rico). 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 891 hours. 9. *An indication of whether section 3507(d), Public Law 104-13 applies:* Not applicable. 10. *Abstract:* Requests may be made of States that are similar to those of Agreement States to provide a more complete overview of the national program for regulating radioactive materials. This information would be used in the decisionmaking of the Commission. With Agreement States and as part of the NRC cooperative post-agreement program with the States pursuant to section 274(b), information on licensing and inspection practices, and/or incidents, and other technical and statistical information are exchanged. Agreement State comments are also solicited in the areas of proposed implementing procedures relative to NRC Agreement State program policies. With the enactment of the Energy Policy Act of 2005, specifically section 651(e), NRC now has regulatory authority over use of accelerator-produced radioactive materials and discrete sources of radium-226 and other naturally occurring radioactive material as specified by the Commission. Therefore, information requests sought may take the form of surveys, e.g., telephonic and electronic surveys/polls and facsimiles. A copy of the final 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 should be directed to the OMB reviewer listed below by May 18, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150-0200), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *John_A._Asalone@omb.eop.gov* or submitted by telephone at

(202)395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233. Dated at Rockville, Maryland, this 11th day of April, 2006. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. E6-5743 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION NRC Enforcement Policy: Extension of Discretion Period of Interim Enforcement Policy AGENCY: Nuclear Regulatory Commission. ACTION: Policy Statement: Revision. SUMMARY: The Nuclear Regulatory Commission

(NRC)is revising the NRC “Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues,” to extend the enforcement discretion period to 3 years for those licensees that commit to transition to 10 CFR 50.48(c), and to provide clarification and enhancements predominately in the areas of existing non-compliances and the treatment of non-compliances if a licensee withdraws from the transition. DATES: This revision is effective April 18, 2006. Comments on this revision to the Enforcement Policy may be submitted on or before May 18, 2006. ADDRESSES: Submit written comments to: Michael T. Lesar, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop: T6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: 11555 Rockville Pike, Rockville, MD 20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, Room O1F21, 11555 Rockville Pike, Rockville, MD 20852. You may also e-mail comments to *nrcrep@nrc.gov.* The NRC maintains the current Enforcement Policy on its Web site at *http://www.nrc.gov,* select “What We Do,” then “Enforcement Policy.” FOR FURTHER INFORMATION CONTACT: Michael Johnson, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

(301)415-2741, e-mail *mrj1@nrc.gov.* SUPPLEMENTARY INFORMATION: On June 16, 2004, the NRC published, in the **Federal Register** , a final rule amending 10 CFR 50.48 (69 FR 33536). This rule became effective on July 16, 2004, and allows licensees to adopt 10 CFR 50.48(c), a voluntary risk-informed, performance-based alternative to current fire protection requirements. The NRC concurrently revised its Enforcement Policy (69 FR 33684) to provide interim enforcement discretion during a “transition” period. The interim enforcement discretion policy includes provisions to address:

(1)Noncompliances identified during the licensee's transition process; and

(2)existing identified noncompliances. In accordance with the current Enforcement Policy, for those noncompliances identified during the transition to 10 CFR 50.48(c), the enforcement discretion policy will be in effect for up to 2 years from the date of a licensee's letter of intent to adopt the requirements of 10 CFR 50.48(c). In addition, when the licensee submits a license amendment request to complete the transition to 10 CFR 50.48(c), the enforcement discretion will continue in effect until the NRC completes its review of the license amendment request. The second element of the interim policy provides enforcement discretion for licensees that wish to take advantage of the rule to resolve existing noncompliances. The original rule required licensees wishing to take advantage of this interim policy to submit a letter of intent to adopt 10 CFR 50.48(c), within 6 months of the effective date of the final rule. However, the Nuclear Energy Institute

(NEI)(ADAMS Accession No. ML042010132) sent a letter dated July 7, 2004, requesting that the NRC extend the deadline for the letter of intent to be sent from 6 months to 18 months. Subsequently, the extension was granted and was published in the **Federal Register** as a revision to the interim enforcement policy regarding enforcement discretion for certain issues involving fire protection programs at operating nuclear power plants. The revision was effective on January 14, 2005 (70 FR 2662). As a result, if a licensee submitted a letter of intent by December 31, 2005, in order to meet the second element of the interim enforcement policy, the NRC would exercise enforcement discretion for existing noncompliances that could reasonably be corrected under 10 CFR 50.48(c). The NRC is revising the Enforcement Policy to extend the current 2-year period of enforcement discretion, for the transition to this voluntary, performance-based regulation, to 3 years for licensees that commit, in their letters of intent, to adopt 10 CFR 50.48(c) requirements. Many licensees have requested additional time, beyond the 2-year discretion period, to properly evaluate their existing fire analyses and to develop fire probabilistic risk assessments (PRA). Based on these requests, the staff considered the extension of the current enforcement discretion period from 2 years to 3 years. The extension in time is appropriate in light of the level of effort required to transition to this risk-informed approach, including the implementation of plant modifications that may be required as a result of the licensee's evaluation. In addition, this change will not adversely impact public health and safety because the discretion policy does not apply to the most risk-significant findings ( *i.e.* , violations characterized as Red or Severity Level I). For those findings where the policy does apply, licensees are required to implement and maintain immediate compensatory measures to qualify for discretion. This extension would facilitate a regulatory approach that encourages licensees to find and resolve their own issues in ways consistent with Enforcement Policy goals. During the discretion period, licensees are required to maintain their current fire protection plans, including maintaining appropriate compensatory measures. In addition to the 3-year discretion period, the NRC staff may grant item-specific extensions, on a case-by-case basis, to the discretion policy, when the licensee provides adequate justification ( *e.g.* , a modification that can only be implemented during an outage). Normal inspection and enforcement will continue to be applied to all plants that are not actively transitioning to 10 CFR 50.48(c). Minor editorial changes have also been made to the current “Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues” (10 CFR 50.48), to provide clarification and enhancements predominately in the areas of existing non-compliances and the treatment of non-compliances if a licensee withdraws from the transition. Paperwork Reduction Act This policy statement does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, *et seq.* ). Existing requirements were approved by the Office of Management and Budget (OMB), approval number 3150-0136. The approved information collection requirements contained in this policy statement appear in Section VII.C. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, collection of information, unless it displays a currently valid OMB control number. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. Accordingly, the NRC Enforcement Policy is amended to read as follows: NRC Enforcement Policy Interim Enforcement Policies Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues (10 CFR 50.48) This section sets forth the interim enforcement policy that the U.S. Nuclear Regulatory Commission

(NRC)will follow to exercise enforcement discretion for certain noncompliances of requirements in 10 CFR 50.48, “Fire protection,” (or fire protection license conditions) that are identified as a result of the transition to a new risk-informed, performance-based fire protection approach included in paragraph

(c)of 10 CFR 50.48 and for certain existing identified noncompliances that reasonably may be resolved by compliance with 10 CFR 50.48(c). Paragraph

(c)allows reactor licensees to voluntarily comply with the risk-informed, performance-based fire protection approaches in National Fire Protection Association Standard 805 (NFPA 805), “Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants,” 2001 Edition (with limited exceptions stated in the rule language). For those noncompliances identified during the licensee's transition process, this enforcement discretion policy will be in effect for up to 3 years from the date specified by the licensee in their letter of intent to adopt the requirements in 10 CFR 50.48(c), and will continue to be in place, without interruption, until NRC approval of the license amendment request to transition to 10 CFR 50.48(c). This enforcement discretion policy may be extended on a case-by-case basis, by request, with adequate justification, from the licensee. If, after submitting the letter of intent to comply with 10 CFR 50.48(c) and before submitting the license amendment request, the licensee decides not to complete the transition to 10 CFR 50.48(c), the licensee must submit a letter stating its intent to retain its existing license basis and withdrawing its letter of intent to comply with 10 CFR 50.48(c). After the licensee's withdrawal from the transition process, the staff, as a matter of practice, will not take enforcement action against any noncompliance that the licensee corrected during the transition process and should, on a case-by-case basis, consider refraining from taking action if reasonable and timely corrective actions are in progress ( *e.g.* , an exemption has been submitted for NRC review). Noncompliances that the licensee has not corrected, as well as noncompliances identified after the date of the above withdrawal letter, will be dispositioned in accordance with normal enforcement practices. A. Noncompliances Identified During the Licensee's Transition Process

(1)It was licensee-identified, as a result of its voluntary initiative to adopt the risk-informed, performance-based fire protection program included under 10 CFR 50.48(c) or, if the NRC identifies the violation, it was likely in the NRC staff's view that the licensee would have identified the violation in light of the defined scope, thoroughness, and schedule of the licensee's transition to 10 CFR 50.48(c) provided the schedule reasonably provides for completion of the transition within 3 years of the date specified by the licensee in their letter of intent to implement 10 CFR 50.48(c) or other period granted by NRC; B. Existing Identified Noncompliances

(3)It was not willful; and

(4)The licensee submits a letter of intent by December 31, 2005, stating its intent to transition to 10 CFR 50.48(c). After December 31, 2005, as addressed in

(4)above, this enforcement discretion for implementation of corrective actions for existing identified noncompliances will not be available and the requirements of 10 CFR 50.48(b) (and any other requirements in fire protection license conditions) will be enforced in accordance with normal enforcement practices. However, licensees that submit letters of intent to transition to 10 CFR 50.48(c) with existing noncompliances will have the option to implement corrective actions in accordance with the new performance-based regulation. All other elements of the assessment and enforcement process will be exercised even if the licensee submits its letter of intent before the NRC issues its enforcement action for existing noncompliances. Dated at Rockville, MD, this 11th day of April, 2006. For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary of the Commission. [FR Doc. E6-5706 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-04530] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for U.S. Department of Agriculture Facility in Mission, TX AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Sattar Lodhi, Materials Security & Industrial Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania, 19406, telephone

(610)337-5364, fax

(610)337-5269; or by e-mail: *asl@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of a license amendment to U.S. Department of Agriculture

(USDA)for Materials License No. 19-00915-03, to authorize remediation activities at its radioactive waste burial site located at Moore Air Base

(MAB)in Mission, Texas. The NRC has prepared an Environmental Assessment

(EA)in support of this proposed action in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary The purpose of the proposed action is to authorize remediation activities at the licensee's radioactive waste burial site at MAB in Mission, Texas. USDA was authorized initially by the U.S. Atomic Energy Commission in the mid 1950's and later by the NRC to use radioactive materials for research and development purposes at the site. On May 5, 2005, USDA requested that NRC authorize remediation activities at the burial site. USDA has submitted to the NRC a plan to remediate the burial site. The NRC staff has prepared an EA in support of the license amendment. The NRC staff has reviewed the information contained in the licensee's remediation plan. Based on its review, the staff has determined that the licensee has developed adequate procedures to ensure that the digging, removing and transporting the waste from the burial site will not have a significant impact on the environment and the workers. The staff has also determined that no additional information is necessary to complete the proposed action. Therefore, the staff considered the impact of the remediation activities at the facility and concluded that a Finding of No Significant Impact is appropriate. III. Finding of No Significant Impact The NRC staff has prepared the EA (summarized above) in support of the license amendment request. On the basis of the EA, the NRC has concluded that there are no significant environmental impacts from the proposed action, and has determined not to prepare an environmental impact statement for the proposed action. IV. Further Information Documents related to this action, including the application for the license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this Notice are: USDA's plan to remediate the radioactive waste burial site at MAB (ML051300095), EA in support of the amendment request (ML060940281), review of EA by the State of Texas (ML053120414). 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

(800)397-4209 or

(301)415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on public computers located at the NRC's PDR, 01F21, One White Flint, 11555 Rockville Pike, Rockville, MD 20852. The PDR contractor will copy documents for a fee. Documents related to operations conducted under this license not specifically referenced in this Notice may not be electronically available and/or may not be publicly available. Persons who have an interest in reviewing these documents should submit a request to NRC under the Freedom of Information Act (FOIA). Instructions for submitting a FOIA request can be found on the NRC's Web site at *http://www.nrc.gov/reading-rm/foia/foia-privacy.html* . Dated at King of Prussia, Pennsylvania this 6th day of April, 2006. For the Nuclear Regulatory Commission. John D. Kinneman, Chief, Materials Security & Industrial Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E6-5715 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-08219] U.S. Environmental Protection Agency, Denver Federal Center, Building 53: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact. FOR FURTHER INFORMATION CONTACT: D. Blair Spitzberg, Ph.D., Chief, Fuel Cycle and Decommissioning Branch, Division of Nuclear Materials Safety, Region IV, U.S. Nuclear Regulatory Commission, Arlington, Texas 76011. Telephone:

(817)860-8191; fax number:

(817)860-8188; e-mail: *dbs@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering issuance of an amendment to Material License No. 05-14892-01, as requested by the U.S. Environmental Protection Agency (EPA or the licensee), to authorize release of Building 53 at Denver Federal Center, Denver, Colorado, for unrestricted use. The licensee has been authorized by NRC to use radioactive material for instrument calibration and sample analyses at this location. On August 9, 2004, EPA requested that NRC release the facility for unrestricted use. The licensee conducted radiological surveys of the facility and provided information to demonstrate that the site meets the license termination criteria specified in Subpart E to 10 CFR part 20 for unrestricted release. The amendment will be issued if NRC determines that the request meets the standards specified in 10 CFR Part 20 and related NRC guidance documents. II. Environmental Assessment

(EA)*Identification of Proposed Action:* The proposed action is to remove Building 53 from License Condition 10 as a location of use. Once the building is removed from the license, the licensee will be free to use the building in any manner without NRC restriction. *The Need for the Proposed Action:* The licensee no longer conducts licensed activities in this building. The EPA has vacated the building and desires to release the building for unrestricted use. If the site is properly decommissioned, the licensee would then be in compliance with the Timeliness Rule requirements of 10 CFR 30.36, “Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas.” *Environmental Impacts of the Proposed Action:* Materials License No. 05-14892-01 authorizes EPA to possess small quantities of radioactive material, in both sealed and unsealed form, for instrument calibration and sample analysis. By letter dated August 9, 2004, EPA requested amendment of its license to remove Building 53 as a location of use. Radioactive materials were used in this building from about 1973 until 2003. All radioactive materials were relocated to Building 25 by August 2003. The licensee conducted a historical review and concluded that the radionuclides of concern were americium-241, strontium-90, natural uranium, radium-226, and radium-228. Based on the historical review, the licensee determined that radioactive materials were used in eight laboratories in Building 53. A final status survey of the building was conducted during February-March 2004. The final status survey was conducted in five of the eight laboratories. Two rooms were excluded because only sealed sources had been used in these rooms. A third room was excluded because only radioactivity at background levels were stored in this room. (The NRC's confirmatory survey included all eight rooms.) A final status survey report was completed by the licensee, and a copy of the report was attached to the licensee's August 9, 2004, letter. The EPA concluded in its report that “Building 53 meets the criteria for radiological release * * * thus allowing the facility to be released for unrestricted use and to be removed from the EPA's NRC Radioactive Material License.” The NRC conducted a confirmatory survey of the building during October 2005. None of the confirmatory sample results exceeded the proposed derived concentration guideline levels (DCGLs) provided in the final status survey report. In its final status survey report, the licensee stated that radioactive waste material from previously licensed operations in Building 53 was either transferred to an authorized recipient or placed into temporary storage. Solid waste disposal did not include on-site burial or incineration. Discharges to sewers were not allowed by the licensee's waste disposal program, and no record of disposal by sewer was identified by the licensee during its historical review. Further, no incidents were recorded involving spills or releases of radioactive material. To demonstrate compliance with the radiological criteria for unrestricted use as specified in 10 CFR 20.1402, the licensee developed DCGLs. The NRC compared the licensee's proposed DCGLs to the screening criteria provided in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The NRC concluded that the proposed DCGLs were acceptable for use as release criteria. In the final status survey report, the licensee states that radioactive materials were handled only within the eight rooms identified in the historical review. In addition, the licensee did not dispose of radioactive material through the sewer system, and no spills were documented. Accordingly, there were no environmental impacts from the use of radioactive material in Building 53. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment. No additional hazards or impacts to the environment were identified. *Environmental Impacts of the Alternatives to the Proposed Action:* The licensee seeks NRC approval of the amendment request. The alternatives to the proposed action are:

(1)The no-action alternative, or

(2)to deny the amendment request and require the licensee to take some alternate action. 1. *No-Action Alternative:* One alternative available to the NRC is to take no action by denying the amendment request. The no-action alternative is not feasible because it conflicts with the NRC's Timeliness Rule (10 CFR 30.36) which requires licensees to decommission their facilities when licensed activities cease. 2. *Environmental Impacts of Alternative 2:* A second alternative is to deny the licensee's request in favor of alternate release criteria as allowed by § 20.1403 (criteria for restricted conditions) or § 20.1404 (alternate criteria). However, the NRC's analysis of the final status survey data confirmed that the proposed DCGLs meet the license termination requirements of § 20.1402. Accordingly, the NRC has determined that the second alternative is not reasonable, and this alternative action is eliminated from further consideration. *Conclusion:* Based on its review, the NRC staff concludes that the environmental impacts associated with the proposed action do not warrant denial of the license amendment request. The staff believes that the proposed action will result in no environmental impacts. The staff has determined that approval of the license amendment is the appropriate alternative for selection. *Agencies and Persons Contacted:* The NRC staff did not consult with the Colorado State Historic Preservation Officer or the local U.S. Fish & Wildlife Service because licensed activities occurred only within Building 53. There was no evidence of use or release of radioactive material outside of the building. Accordingly, there was no impact to the cultural resources, endangered species, or critical habitats outside of Building 53. The Colorado Department of Public Health and Environment, Radiation Management Unit, was consulted about this EA. The State informed the NRC by letter dated March 6, 2006, that it had no comments on the EA. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed license amendment to release Building 53 for unrestricted use. On the basis of this EA, NRC has concluded that there are no significant environmental impacts from the proposed action, and the license amendment does not warrant the preparation of an environmental impact statement. Accordingly, it has been determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: 1. NRC, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities,” NUREG-1496, July 1997 (ML042310492, ML042320379, and ML042330385). 2. NRC, “Consolidated NMSS Decommissioning Guidance,” NUREG-1757, Volume 2, September 2003 (ML053260027). 3. Ossinger, Albert, U.S. Environmental Protection Agency, License Amendment Request, August 9, 2004 (ML042510569, ML042570068, ML061000701 [Appendix D has been redacted because it contains confidential laboratory protocols], ML042570073, ML042570076, ML042570077, and ML042570080). 4. NRC Inspection Report 030-08219/05-001, November 14, 2005 (ML053180267). 5. Tarlton, Steve, Colorado Department of Public Health and Environment, “Request for Comments on Draft Environmental Assessment For Decommissioning of Building 53 at Denver Federal Center,” March 6, 2006 (ML060790512). 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.* These documents may also be viewed electronically on 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 Arlington, Texas, this 30th day of March, 2006. For the Nuclear Regulatory Commission. D. Blair Spitzberg, Chief, Fuel Cycle & Decommissioning Branch, Division of Nuclear Materials Safety, Region IV. [FR Doc. E6-5702 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Availability of Meeting Notice for Discussion of Draft Interim Staff Guidance Document for Fuel Cycle Facilities AGENCY: Nuclear Regulatory Commission. ACTION: Meeting notice and agenda. 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)continues to prepare and issue 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 10 CFR Part 70. Currently, the NRC has revised one of these documents, Draft ISG-FCSS-10, Rev. 2, based on comments received on Revision 1. The NRC plans to discuss the resolution of these comments at a public meeting to be held April 28, 2006, at the NRC Headquarters Auditorium in Rockville, Maryland. II. Summary The purpose of this notice is to provide the public with a meeting notice and proposed agenda for a public meeting scheduled for April 28, 2006, at the NRC Headquarters Auditorium in which the NRC will discuss revision of the draft guidance document, FCSS-ISG-10, Revision 2, which provides guidance to NRC staff to determine whether the minimum margin of subcriticality is sufficient to provide an adequate assurance of subcriticality for safety to demonstrate compliance with the performance requirements of 10 CFR 70.61(d), and its resolution of comments received on Revision 1. Revision 2 of the draft ISG and the ADAMS accession number for an associated table of comment resolution were previously noticed in the **Federal Register** on March 20, 2006. The agenda for the April 28, 2006, meeting is provided below. III. Proposed Agenda Public Meeting, Scheduled for April 28, 2006, To Discuss Draft FCSS-ISG-10, Revision 2, “Justification for Minimum Margin of Subcriticality for Safety” 7:30 am Check in for security badging @ Two White Flint North, 11545 Rockville Pike 8 a.m. Purpose of workshop, introductions, agenda, and discussion process 8:15 a.m. NRC presentation on context/intent of FCSS-ISG-10 8:30 a.m. NRC summary of major changes to current version of FCSS-ISG-10 8:45 a.m. Section-by-section discussion of comments received and changes made 11:45 a.m. Meeting wrap-up 12:30 p.m. Adjourn IV. Further Information The 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 Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS ascension numbers for the documents related to this notice are provided in the following table. 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* . Interim staff guidance ADAMS accession No. Draft FCSS Interim Staff Guidance-10, Revision 2 ML060260479 Comments on Draft FCSS ISG-10, Rev.1 and Resolution ML060470150 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. Dated at Rockville, Maryland this 6th day of April 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. [FR Doc. E6-5700 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Subcommittee Meeting on Planning and Procedures; Notice of Meeting The ACRS Subcommittee on Planning and Procedures will hold a meeting on May 3, 2006, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and

(6)to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: *Wednesday, May 3, 2006, 10:30 a.m.-12 Noon* . The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Sam Duraiswamy (telephone: 301-415-7364) between 7:30 a.m. and 4:15 p.m.

(ET)five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. Dated: April 11, 2006. Michael R. Snodderly, Acting Branch Chief, ACRS/ACNW. [FR Doc. E6-5704 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Meeting Notice In accordance with the purposes of sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards

(ACRS)will hold a meeting on May 4-5, 2006, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the **Federal Register** on Tuesday, November 22, 2005 (70 FR 70638). Thursday, May 4, 2006, Conference Room T-2b3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10 a.m.: Final Review of the License Renewal Application for the Brunswick Steam Electric Plant* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Carolina Power and Light Company regarding the license renewal application for the Brunswick Steam Electric Plant and the associated NRC staff's final Safety Evaluation Report. *10:15 a.m.-12:15 p.m.: Final Review of the Extended Power Uprate Application for R.E. Ginna Nuclear Plant* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Rochester Gas and Electric Company regarding the extended power uprate application for R.E. Ginna Nuclear Plant and the associated NRC staff's Safety Evaluation. *1:15 p.m.-3:15 p.m.: Final Review of the Extended Power Uprate Application for the Beaver Valley Nuclear Plant* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and FirstEnergy regarding the extended power uprate application for the Beaver Valley Nuclear Plant and the associated NRC staff's Safety Evaluation. *3:30 p.m.-5 p.m.: Proposed Revisions to 10 CFR Part 52, “License, Certifications, and Approvals for Nuclear Power Plants”* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding proposed revisions to 10 CFR part 52, “License, Certifications, and Approvals for Nuclear Power Plants.” *5:15 p.m.-7 p.m.: Preparation of ACRS Report* (Open)—The Committee will discuss proposed ACRS reports on matters considered during this meeting. Friday, May 5, 2006, Conference Room T-2b3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-9:30 a.m.: NRC Staff's Response to ACRS Comments on the Draft Final Revision 4 to Regulatory Guide 1.97, “Criteria for Accident Monitoring Instrumentation for Nuclear Power Plants”* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding their response to ACRS comments included in its March 28, 2006 letter on the Draft Final Revision 4 to Regulatory Guide 1.97, “Criteria for Accident Monitoring Instrumentation for Nuclear Power Plants.” *9:30 a.m.-9:45 a.m.: Subcommittee Report* (Open)—The Committee will hear a report by and hold discussions with the cognizant Chairman of the ACRS Subcommittee on Reliability and Probabilistic Risk Assessment

(PRA)regarding review of the PRA for the Economic Simplified Boiling Water Reactor (ESBWR) design. *10 a.m.-10:45 a.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee* (Open)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. Also, it will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, including anticipated workload and member assignments. *10:45 a.m.-11 a.m.: Reconciliation of ACRS Comments and Recommendations* (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. *11 a.m.-7 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports. *7 p.m.-7:30 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 29, 2005 (70 FR 56936). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Mr. Sam Duraiswamy, Cognizant ACRS staff (301-415-7364), between 7:30 a.m. and 4:15 p.m., e.t. ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov,* or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System

(PARS)component of NRC's document system(ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/* (ACRS & ACNW Mtg schedules/agendas). Videoteleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m., e.t., at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the videoteleconferencing link. The availability of videoteleconferencing services is not guaranteed. Dated: April 11, 2006. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E6-5707 Filed 4-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Date: Weeks of April 17, 24, May 1, 8, 15, 22, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and closed. Matters to be considered: Week of April 17, 2006—Tentative There are no meetings scheduled for the Week of April 17, 2006. Week of April 24, 2006—Tentative Monday, April 24, 2006 2 p.m. Meeting with Federal Energy Regulatory Commission (FERC), FERC Headquarters, 888 First St., NE., Washington, DC 20426, Room 2C (Public Meeting). Contact: Mike Mayfield, 301-415-3298). This meeting will be webcast live at the Web address *http://www.ferc.gov.* Wednesday, April 26, 2006 1 p.m. Discussion of Management Issues (closed—ex. 2). Thursday, April 27, 2006 1:30 p.m. Meeting with Department of Energy

(DOE)on New Reactor Issues (Public Meeting). This meeting will be webcast live at the Web address *http://www.nrc.gov.* Week of May 1, 2006—Tentative Tuesday, May 2, 2006 9:30 a.m. Briefing on status of Emergency Planning Activities—Morning Session (Public Meeting) (Contact: Eric Leeds, 301-415-2334). 1 p.m. Briefing on Status of Emergency Planning Activities—Afternoon Session (Public Meeting). These meetings will be webcast live at the Web address *http://www.nrc.gov.* Wednesday, May 3, 2006 9 a.m. Briefing on status of Risk-Informed, Performance-Based Regulation (Public Meeting) (Contact: Eileen McKenna, 301-415-2189). This meeting will be webcast live at the Web address *http://www.nrc.gov.* Week of May 8, 2006—Tentative There are no meetings scheduled for the Week of May 8, 2006. Week of May 15, 2006—Tentative Monday, May 15, 2006 1 p.m. Briefing on Status of Implementation of Energy Policy Act of 2005 (Public Meeting) (Contact: Scott Moore, 301-415-7278). This meeting will be webcast live at the Web address *http://www.nrc.gov.* Tuesday, May 16, 2006 9:30 a.m. Briefing on Results of the Agency Action Review Meeting—Reactors/Materials (Public Meeting) (Contact: Mark Tonacci, 301-415-4045). This meeting will be webcast live at the Web address *http://www.nrc.gov.* Week of May 22, 2006—Tentative Monday, May 22, 2006 9:30 a.m. Briefing on Equal Employment Opportunity

(EEO)Program (Public Meeting) Contact: Corenthis Kelly, 301-415-7380). This meeting will be webcast live at the Web address *http://www.nrc.gov.* Week of May 22, 2006—Tentative Monday, May 22, 2006 9:30 a.m. Briefing on Equal Employment Opportunity

(EEO)Program (Public Meeting) (Contact: Corenthis Kelly, 301-415-7380. This meeting will be webcast live at the Web address *http://www.nrc.gov.* Wednesday, May 24, 2006 9:30 a.m. Discussion of Security Issues (closed—ex. 1). 1:30 p.m. All Employees Meeting (Public Meeting). Marriott Bethesda North Hotel, Salons, D-H, 5701 Marinelli Road, Rockville, MD 20852. *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format ( *e.g.* braille, large print), please notify the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041, TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: April 13, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-3746 Filed 4-14-06; 2:13 pm]

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