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Code · REGISTER · 2006-06-20 · Fish and Wildlife Service, Department of the Interior · Notices

Notices. Notice of availability

10,102 words·~46 min read·/register/2006/06/20/06-5545

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

BILLING CODE 4310-55-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Draft Study Plan AGENCY: Fish and Wildlife Service, Department of the Interior. ACTION: Notice of availability. SUMMARY: The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior
(DOI)as a natural resource trustee, announces the release for public review of the Draft Study Plan for a mink injury study for the Hudson River Natural Resource Damage Assessment (NRDA). The Draft Study Plan describes the Trustees' proposed approach to conducting this investigation, and seeks public feedback. DATES: Written comments must be submitted on or before July 15, 2006. ADDRESSES: Requests for copies of the Draft Study Plan may be made in person or by mail to: Ms. Kathryn Jahn, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045. Written comments or materials regarding the Draft Study Plan should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Kathryn Jahn, Environmental Contaminants Branch, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045. Interested parties may also call 607-753-9334, send electronic mail to *kathryn_jahn@fws.gov* , or visit the FWS Hudson River NRDA Web site ( *http://www.fws.gov/contaminants/restorationplans/HudsonRiver/HudsonRiver.cfm* ) where the Draft Study Plan is posted. SUPPLEMENTARY INFORMATION: Natural resources of the Hudson River have been contaminated though past and ongoing discharges of polychlorinated biphenyls (PCBs). The Hudson River Natural Resource Trustees—New York State, the U.S. Department of Commerce, and the U.S. Department of the Interior, are conducting a NRDA to assess those natural resources injured by PCBs. The Draft Study Plan is being released for public review and comment in accordance with the Trustees' NRDA Plan for the Hudson River issued in September 2002. That NRDA Plan was released in accordance with the Natural Resource Damage Assessment regulations found at Title 43 of the Code of Federal Regulations, part 11. Pursuant to the Hudson River NRDA plan, the Trustees have developed this Study Plan for a mink injury determination effort. Interested members of the public are invited to review and comment on the Draft Study Plan (see ADDRESSES , FOR FURTHER INFORMATION CONTACT ). All comments received on the Draft Study Plan will be considered and a response provided either through incorporation into the Final Study Plan or by letter to the commenter. The Trustees will also prepare a Responsiveness Summary, responding to public comments, that will be released to the public. *Author:* The primary author of this notice is Ms. Kathryn Jahn, New York Field Office, U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, NY 13045. Authority: The authority for this action is the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. 9601 *et seq.* Dated: June 14, 2006. Richard O. Bennett, Acting Regional Director, Region 5, U.S. Fish and Wildlife Service. [FR Doc. E6-9652 Filed 6-19-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before June 3, 2006. Pursuant to section 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St., NW., 8th floor, Washington DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by July 5, 2006. John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. COLORADO Denver County Baur Confectionery Company, (Downtown Denver MPS) 1512-14 Curtis St., Denver, 06000590 Jefferson County Fort, The, 19192 CO 8, Morrison, 06000585 CONNECTICUT Fairfield County Westport Bank and Trust Company, 87 Post Rd. E, Westport, 06000593 Hartford County Babb's Beach, 435 Babbs Rd., Suffield, 06000591 King, George, House, 12 N. Main St., Sharon, 06000592 ILLINOIS Champaign County Chanute Field Historic District, Rantoul National Aviation Center, Rantoul, 06000594 KANSAS Ellsworth County Insurance Building, 115 N. Douglas Ave., Ellsworth, 06000595 Harper County Campbell, I.P., Building, 116 W. Main St., Harper, 06000600 Morris County Furney Farm, 649 E. KS 56, Council Grove, 06000596 Pratt County Ellis, Earl H., VFW Post #1362, 701 E. 1st St., Pratt, 06000597 Sedgwick County Grace Methodist Episcopal Church, 944 S. Topeka, Wichita, 06000599 Sherman County Ennis, Mary Seaman, House, 202 W. 13th St., Goodland, 06000598 MICHIGAN Wayne County Eddystone Hotel, 100-118 Sproat St., Detroit, 06000588 Park Avenue Hotel, 2643 Park Ave., Detroit, 06000586 Rosedale Park Historic District, Roughly bounded by Fenkell, Outer Dr. W, Grand River Ave., Southfiield Fwy, Glastonbury, Lyndon, Westwood Dr., Detroit, 06000587 MINNESOTA Redwood County Walnut Grove Creamery Association, 521 Main St., Walnut Grove, 06000602 Waseca County Strangers Refuge Lodge Number 74, IOOF, 119 S. Broadway Ave., New Richland, 06000601 MISSOURI St. Louis Independent City Colchester Apartments, 4-10-14-20 N. Kingshighway Blvd., St. Louis (Independent City), 06000603 NEBRASKA Boyd County Ponca Agency, Address Restricted, Niobrara, 06000554 Buffalo County Fort Theater, 2205 Central Ave., Kearney, 06000607 Cass County Gering, Paul, House, 423 N. 6th St., Plattsmouth, 06000604 Union Jail, 1st and Rock St., Union, 06000605 Cheyenne County Wild Horse Draw—Leeman's Springs Archeological District, Address Restricted, Sidney, 06000556 Douglas County Vinton Street Commercial Historic District, Vinton St., bet. Elm St. and S 17th St., Omaha, 06000608 Fillmore County Warner's Filling Station and House, 737 and 745 “G” St., Geneva, 06000606 Garfield County Burwell Carnegie Library, (Carnegie Libraries in Nebraska MPS) 110 S. 7th Ave., Burwell, 06000557 Hub Building, 180 Grand Ave., Burwell, 06000558 Knox County Ponca Agency Archeological District, Address Restricted, Niobrara, 06000555 Lancaster County Burnett, Edgar A., House, 3256 Holdrede St., Lincoln, 06000609 NEW JERSEY Atlantic County Bethlehem Loading Company Mays Landing Plant Archeological Historic District, 109 NJ 50, Estell Manor, 06000559 Middlesex County Johnson, William H., House, 52 Welton St., New Brunswick, 06000560 NEW YORK Columbia County Tilden, Gov. Samuel J., Monument, Cemetery Rd., New Lebanon, 06000573 Dutchess County Titus, Elias, House, 170 Titusville Rd., Red Oaks Mill, 06000568 Erie County Diebolt, Edward A., House, 62 Niagara Falls Blvd., Buffalo, 06000565 Packard Motor Car Showroom and Storage Facility, 1325 Main St., Buffalo, 06000561 Villa Maria Motherhouse Complex, 600 Doat St., Cheektowaga, 06000571 Fulton County Shew, Godfrey, House, 1632 S. Shore Rd., Fish House, 06000574 Nassau County Jackson, Samuel and Elbert, House, 1542 Wantagh Ave., Wantagh, 06000563 Smith, Almeron and Olive, House, 50 South Dr., Plandome, 06000569 Onondaga County Strathmore “By the Park” Subdivision, (Historic Designed Landscapes of Syracuse MPS) Glenwood, S. Geddes, Wellesley, Twin Hills, Strathmore, Arden, Alanson, Charmouth, Robineau, Syracuse, 06000564 Orange County St. Thomas Episcopal Church, 47 Old Rte 9W (188 River Rd.), New Windsor, 06000566 Rockland County McCullers, Carson, House, 131 S. Broadway, South Nyack, 06000562 Schoharie County Richmondville United Methodist Church, 266 Main St., Richmondville, 06000575 St. Mark's Evangelical Lutheran Church, 326 Main St., Middleburgh, 06000572 Wayne County Jackson—Perkins House, 310 High St., Neward, 06000567 Westchester County Trinity—St. Paul's Episcopal Church, 311 Huguenot St., New Rochelle, 06000576 OREGON Curry County Wheeler Ridge Japanese Bombing Site, Rogue River-Siskiyou National Forest, Brookings, 06000589 Marion County Deidrich Building, (Downtown Area of Stayton MPS) 195 N. Third Ave., Stayton, 06000570 RHODE ISLAND Kent County Crompton Mill Historic District, 20 Remington St., 53 and 65 Manchester St., West Warwick, 06000577 SOUTH CAROLINA Allendale County Allendale County Courthouse, 292 Barnwell Hwy., Allendale, 06000580 Orangeburg County Willow Consolidated High School, 2750 Cope Rd., Norway, 06000581 Spartanburg County Woodruff High School, 239 E. Hayne St., Woodruff, 06000578 Williamsburg County McCullum—Murray House, C.E. Murray Blvd., Greeleyville, 06000579 TENNESSEE Loudon County Lenoir Collon Mill Warehouse, 150 Bussells Ferry Rd., Lenoir City, 06000584 Shelby County Edway Building, 147 Jefferson Ave., Memphis, 06000582 Southwestern at Memphis Sorority Row Historic District, 2000 North Parkway, Rhodes College, Memphis, 06000583 A request for removal has been made for the following resource: MINNESOTA Cass County Neils, Julius, House, N. Third St., Cass Lake, 80001991 [FR Doc. E6-9674 Filed 6-19-06; 8:45 am] BILLING CODE 4312-51-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Request for Determination of Valid Existing Rights Within the Daniel Boone National Forest, Kentucky AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice and request for comment. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are providing opportunity for the public to comment on a request for a determination of valid existing rights
(VER)to use an existing Forest Service road as a coal mine access and haul road across Federal lands within the boundaries of the Daniel Boone National Forest in Owsley County, Kentucky. The mine would be located on privately owned land. DATES: We will accept electronic or written comments until 4 p.m. Eastern time on July 20, 2006. Requests for an extension of the comment period must be received by the same time. ADDRESSES: You may submit comments by any of the following methods: • *Mail/Hand-Delivery/Courier:* William J. Kovacic, Director, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503. • *E-mail:* *dbeam@osmre.gov.* For detailed instructions on submitting comments, *see* “V. How Do I Submit Comments on the Request?” in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503. *Telephone:*
(859)260-8402. Fax:
(859)260-8410. E-mail: *bkovacic@osmre.gov.* SUPPLEMENTARY INFORMATION I. What is the Nature of the VER Determination Request? II. What Legal Requirements Apply to this Request? III. What Information is Available Relevant to the Basis for the Request? IV. How Will We Process the Request? V. How Do I Submit Comments on the Request? I. What Is the Nature of the VER Determination Request? On February 23, 2006, QORE Property Sciences
(QORE)submitted a request for a determination of VER on behalf of Sturgeon Mining Company, Inc. (Sturgeon). Sturgeon is proposing to conduct surface coal mining operations on approximately 424 acres of privately owned land near Watches Branch of Laurel Fork in the southeast corner of Owsley County, Kentucky. The property to be mined is adjacent to the Daniel Boone National Forest. QORE is seeking a determination that Sturgeon has VER under paragraph (c)(1) of the definition of VER in 30 CFR 761.5 to use an existing road across Federal lands within the Daniel Boone National Forest as an access and haul road for the proposed mine. No other surface coal mining operations would be conducted on Federal lands within the Daniel Boone National Forest as part of this mine. II. What Legal Requirements Apply to This Request? Section 522(e)(2) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), 30 U.S.C. 1272(e)(2), prohibits surface coal mining operations on Federal lands within the boundaries of any national forest, with two exceptions. The first exception pertains to surface operations and impacts incidental to an underground coal mine. The second relates to surface operations on lands within national forests west of the 100th meridian. Neither of those exceptions applies to the request now under consideration. The introductory paragraph of section 522(e) also provides two general exceptions to the prohibitions on surface coal mining operations in that section. Those exceptions apply to operations in existence on the date of enactment of the Act (August 3, 1977) and to land for which a person has VER. SMCRA does not define VER. We subsequently adopted regulations defining VER and clarifying that, for lands that come under the protection of 30 CFR 761.11 and section 522(e) after the date of enactment of SMCRA, the applicable date is the date that the lands came under protection, not August 3, 1977. On December 17, 1999 (64 FR 70766-70838), we adopted a revised definition of VER, established a process for submission and review of requests for VER determinations, and otherwise modified the regulations implementing section 522(e). At 30 CFR 761.16(a), we published a table clarifying which agency (OSM or the State regulatory authority) is responsible for making VER determinations and which definition (State or Federal) will apply. That table specifies that OSM is responsible for VER determinations for Federal lands within national forests and that the Federal VER definition in 30 CFR 761.5 applies to those determinations. Paragraph
(c)of the Federal definition of VER contains the standards applicable to VER for roads that lie within the definition of surface coal mining operations. QORE is seeking a VER determination under paragraph (c)(1), which provides that a person who claims VER to use or construct a road across the surface of lands protected by 30 CFR 761.11 or section 522(e) of SMCRA must demonstrate that the “road existed when the land upon which it is located came under the protection of § 761.11 or 30 U.S.C. 1272(e), and the person has a legal right to use the road for surface coal mining operations.” Based on other information available to us, we also are considering whether VER might exist under the standard in paragraph (c)(3), which requires a demonstration that a “valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).” III. What Information Is Available Relevant to the Basis for the Request? The following information has been submitted by QORE or obtained from the United States Forest Service
(USFS)or the Kentucky Department for Natural Resources (DNR): 1. A 4,900 foot road designated USFS road FSR 1649A exists on the land to which the VER determination request pertains. 2. The land upon which the road is located was in Federal ownership as part of the Daniel Boone National Forest on August 3, 1977, the date of enactment of SMCRA. 3. On May 18, 2006, the USFS issued a permit to Sturgeon for non-Federal commercial use of this road. The permit is contingent upon Sturgeon receiving all other necessary authorizations to operate. 4. The road in question is clearly visible on several aerial photographs taken between April 11, 1978, and February 26, 1988. 5. The road is visible as a faint feature in aerial photographs dated April 27, 1974, and May 9, 1976. 6. A DNR employee remembers using an old logging road in this area for trail biking the summer after he graduated from college in the spring of 1977. 7. The USFS issued River Mining Co., Inc. a special use permit for the construction and use of a road in this location as a coal access and haul road on September 24, 1976. IV. How Will We Process the Request? We received the request on February 23, 2006, and determined that it was administratively complete on March 23, 2006. That review did not include an assessment of the technical or legal adequacy of the materials submitted with the request. The process by which we will further review the request is set out in 30 CFR 761.16(d) and (e). As required by 30 CFR 761.16(d)(1), we are publishing this notice to seek public comment on the merits of the request. A similar notice will also be published in a newspaper of general circulation in Owsley County, Kentucky. After the close of the comment period, we will review the materials submitted with the request, all comments received in response to this and other notices, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, we will notify the requester, in writing, explaining the inadequacy of the record and requesting submittal, within a specified time, of any material needed to remedy the deficiency. Once the record is complete and adequate, we will determine whether the requester has demonstrated VER for the proposed access and haul road. Our decision document will contain findings of fact and conclusions, along with an explanation of the reasons for our conclusions. We will publish a notice of the decision in the **Federal Register** and a newspaper of general circulation in Owsley County, Kentucky. However, as provided in 30 CFR 761.16(d)(1)(iv), we will not make a decision on the merits of the request, if, by the close of the comment period under this notice or the notice required by 30 CFR 761.16(d)(3), a person with a legal interest in the land to which the request pertains initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the request. This provision applies only if our decision is based upon the standard in paragraph (c)(1) of the definition of VER in 30 CFR 761.5. It will not apply if we base our decision on the standard in paragraph (c)(3) of the definition. V. How Do I Submit Comments on the Request? We will make the VER determination request and associated materials available to you for review as prescribed in 30 CFR 842.16, except to the extent that the confidentiality provisions of 30 CFR 773.6(d) apply. Subject to those restrictions, you may review a copy of the request for the VER determination and all comments received in response to this request at the Lexington Field Office ( *see* ADDRESSES ). Documents contained in the administrative record are available for public review at the Field Office during normal business hours, Monday through Friday, excluding holidays. Electronic or Written Comments If you wish to comment on the merits of the request for a VER determination, please send electronic or written comments to us at the addresses above ( *see* ADDRESSES ) by the close of the comment period ( *see* DATES ). Under 30 CFR 761.16(d)(1)(vii), you may request a 30-day extension of the comment period. Requests for extension of the public comment period must be submitted to the same addresses by the date indicated. If you submit comments by E-mail, please include your name and return address in your message. You may contact the Lexington Field Office at
(859)260-8402 if you wish to confirm receipt of your message. Availability of Comments We will make all comments, including names and addresses of respondents, available for public review during normal business hours at the location listed in ADDRESSES . We will not consider anonymous comments. If you are commenting as an individual, you may request that we withhold your name or address from public review, except for the city or town. We will honor your request to the extent allowable by law. You must state this request prominently at the beginning of your comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public review in their entirety. Dated: May 31, 2006. H. Vann Weaver, Acting Regional Director, Appalachian Region. [FR Doc. E6-9660 Filed 6-19-06; 8:45 am] BILLING CODE 4310-05-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-624 and 625 (Second Review)] Helical Spring Lock Washers From China and Taiwan Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty orders on helical spring lock washers from China and Taiwan, would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 2 1 The record is defined in section 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Shara L. Aranoff voted in the affirmative with respect to both countries. Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson voted in the affirmative with respect to China and in the negative with respect to Taiwan. Background The Commission instituted these reviews on January 3, 2006 (71 FR 133) and determined on April 10, 2006 that it would conduct expedited reviews (71 FR 23946). Notice of the scheduling of the Commission's reviews was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** on April 25, 2006 (71 FR 23946). The Commission transmitted its determinations in these reviews to the Secretary of Commerce on June 15, 2006. The views of the Commission are contained in USITC Publication 3858 (June 2006), entitled Helical Spring Lock Washers from China and Taiwan (Inv. Nos. 731-TA-624 and 625 (Second Review)). Issued: June 15, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9675 Filed 6-19-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-575] In the Matter of Certain Lighters; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 16, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Zippo Manufacturing Co., Inc. of Bradford, Pennsylvania and ZippMark, Inc. of Wilmington, Delaware. A supplement to the complaint was filed on June 5, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighters by reason of infringement of U.S. Trademark Registration No. 2,606,241. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2571. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2006). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on June 14, 2006, *ordered that* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain lighters by reason of infringement of U.S. Trademark Registration No. 2,606,241, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainants are— Zippo Manufacturing Co., Inc., 33 Barbour Street, Bradford, PA 16701. ZippMark, Inc., 103 Springer Building, Silverside Road, Wilmington, DE 19810.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Tung Fong International Promotion Co., Ltd, Unit C9-21/F., Wah Lok Industrial Ctr., 31-41 Shan Mei St., Fo Tan, N.T., Kln., Hong Kong. Wenzhou Star Smoking Set Co., Ltd. (aka Wenzhou Hengxing Smoking Set Co., Ltd.), Shuangboa Road, Ouhai Economic Development Area, Wenzhou, China. Taizhou Rongshi Lighter Development Co., Ltd., (aka Rongshi Enterprise), Chayu Industrial Zone, Zeguo Wenling, Zhejiang, China. Wenzhou Tailier Smoking Set Co., Ltd. (aka Wenzhou Tailier Smoking Set Manufacturing Co., Ltd.), No. 58 Zhugong Road, JinZhu Industrial Zone, Wenzhou, China 325000. beWild.com, 2357 Bedford Avenue, Bellmore, NY 11710. Kalan LP (dba Kalan Trendsetting Gifts & Novelties), 97 S. Union Avenue, Lansdowne, PA 19050. Vista Wholesale, 1010 Meadow Lane, Greencastle, IN 46135.
(c)The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondents, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 15, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9671 Filed 6-19-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1094 (Final)] In the Matter of Metal Calendar Slides From Japan; Notice of Commission Determination not To Conduct a Portion of the Hearing In Camera AGENCY: U.S. International Trade Commission. ACTION: Commission determination not to close any part of the hearing to the public. SUMMARY: The Commission has determined to deny the request of respondent Nishiyama Kinzoku Ltd. Co. (“Nishiyama”) to conduct a portion of its hearing in the above-captioned investigation scheduled for June 22, 2006, *in camera. See * Commission rules 201.13 and 201.36(b)(4) (19 CFR 201.13 and 201.36(b)(4)). FOR FURTHER INFORMATION CONTACT: Karl von Schriltz, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone 202-205-3096. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Commission's TDD terminal on 202-205-1810. SUPPLEMENTARY INFORMATION: The Commission believes it should conduct its business in public in all but the most unusual circumstances. The Commission has determined that, in light of the nature of this investigation, it will be able to assess adequately all arguments raised by Nishiyama without resorting to the extraordinary measure of an *in camera* hearing. Accordingly, the Commission has determined that the public interest would be best served by a hearing that is entirely open to the public. *See* 19 CFR 201.36(c)(1). Authority: This notice is provided pursuant to Commission Rule 201.35(b) (19 CFR 201.35(b)). By order of the Commission. Issued: June 15, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9676 Filed 6-19-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request June 7, 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 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:* 1,3-Butadiene (29 CFR 1910.1051). *OMB Number:* 1218-0170. *Frequency:* On occasion. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Federal Government; and State, Local, or Tribal Government. *Number of Respondents:* 115. *Number of Annual Responses:* 3,532. *Estimated Time per Response:* Time per response ranges from 15 seconds (.004 hour) to write the date and time on each new cartridge label to 2 hours to complete a referral medical examination. *Total Burden Hours:* 956. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $90,552. *Description:* The 1,3-Butadiene Standard requires employers to monitor employee exposure to 1,3-Butadiene; develop and maintain compliance and exposure-goal programs if employee exposures to 1,3-Butadiene are above the Standard's permissible exposure limits or action level; label respirator filter elements to indicate the date and time it is first installed on the respirator; establish medical surveillance programs to monitor employee health, and to provide employees with information about their exposures and the health effects of exposure to 1,3Butadiene. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-9604 Filed 6-19-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Uniform Billing Form (OWCP-92). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this Notice. DATES: Written comments must be submitted to the office listed in the addressee section below on or before August 21, 2006. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202)693-0418, fax
(202)693-1451, E-mail *bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION: I. Background The Office of Workers' Compensation Programs
(OWCP)is the agency responsible for administration of the Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101, *et seq.* , the Black Lung Benefits Act (BLBA), 30 U.S.C. 901 *et seq.* , and the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. 7384 *et seq.* All three of these statutes require that OWCP pay for medical treatment of beneficiaries; this medical treatment can include inpatient/outpatient hospital services, as well as services provided by nursing homes, skilled nursing facilities and home health aides in the home. In order to determine whether billed amounts are appropriate, OWCP needs to identify the patient, the specific services that were rendered and their relationship to the work-related injury or illness. The regulations implementing these statutes require the use of Form OWCP-92 or UB-92 for the submission of medical bills from institutional providers (20 CFR 10.801, 30.701, 725.405, 725.406, 725.701 and 725.704). The Uniform Billing, known as the paper UB-92, has been approved by the American Hospital Association, the Centers for Medicare and Medicaid Services, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), by various other government health care programs, and the private sector, to request payment to institutional providers of medical services. The paper UB-2 has been designed by the National Uniform Billing Committee and is neither a government-printed form nor distributed by OWCP; OWCP has, however, developed detailed instructions to ensure that it obtains the information needed to consider requests for payment from institutional providers using this form. This information collection is currently approved for use through January 31, 2007. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks approval for the extension of this information collection in order to carry out its responsibility to provide payment covered medical services to injured employees who are covered under the FECA, BLBA and the EEOICPA. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Uniform Billing Form. *OMB Number:* 1215-0176. *Agency Number:* OWCP-92. *Affected Public:* Individuals or households; Business or other for-profit; Not-for-profit institutions. *Total Respondents:* 7,593. *Total Responses:* 30,372. *Time per Response:* 7 minutes. *Frequency:* As needed. *Estimated Total Burden Hours:* 3,544. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: June 15, 2006. Ruben Wiley, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E6-9632 Filed 6-19-06; 8:45 am] BILLING CODE 4510-CR-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: National Archives and Records Administration (NARA). ACTION: Notice. SUMMARY: NARA is giving public notice that the agency has submitted to OMB for approval the information collections described in this notice. The public is invited to comment on the proposed information collections pursuant to the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted to OMB at the address below on or before July 20, 2006 to be assured of consideration. ADDRESSES: Send comments to Desk Officer for NARA, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5167. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information collection and supporting statement should be directed to Tamee Fechhelm at telephone number 301-837-1694 or fax number 301-837-3213. SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13), NARA invites the general public and other Federal agencies to comment on proposed information collections. NARA published a notice of proposed collection for this information collection on April 6, 2006 (71 FR 17499 and 17500). No comments were received. NARA has submitted the described information collections to OMB for approval. In response to this notice, comments and suggestions should address one or more of the following points:
(a)Whether the proposed information collections are necessary for the proper performance of the functions of NARA;
(b)the accuracy of NARA's estimate of the burden of the proposed information collections;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including the use of information technology; and
(e)whether small businesses are affected by this collection. In this notice, NARA is soliciting comments concerning the following information collections: 1. *Title:* Request to Microfilm Records. *OMB number:* 3095-0017. *Agency form number:* None. *Type of review:* Regular. *Affected public:* Companies and organizations that wish to microfilm archival holdings in the National Archives of the United States or a Presidential library for micropublication. *Estimated number of respondents:* 2. *Estimated time per response:* 10 hours. *Frequency of response:* On occasion (when respondent wishes to request permission to microfilm records). *Estimated total annual burden hours:* 20. *Abstract:* The information collection is prescribed by 36 CFR 1254.92. The collection is prepared by companies and organizations that wish to microfilm archival holdings with privately-owned equipment. NARA uses the information to determine whether the request meets the criteria in 36 CFR 1254.94, to evaluate the records for filming, and to schedule use of the limited space available for filming. 2. *Title:* National Archives and Records Administration Class Evaluation. *OMB number:* 3095-0023. *Agency form number:* NA 2019. *Type of review:* Regular. *Affected public:* Individuals or households, Business or other for-profit, Nonprofit organizations and institutions, Federal, state, local, or tribal government agencies. *Estimated number of respondents:* 6,830. *Estimated time per response:* 5 minutes. *Frequency of response:* On occasion (when respondent takes NARA sponsored training classes). *Estimated total annual burden hours:* 569 hours. *Abstract:* The information collection allows uniform measurement of customer satisfaction with NARA training courses and workshops. NARA distributes the approved form to the course coordinators on diskette for customization of selected elements, shown as shaded areas on the form submitted for clearance. 3. *Title:* Request to film, photograph, or videotape at a NARA facility for news purposes. *OMB number:* 3095-0040. *Agency form number:* None. *Type of review:* Regular. *Affected public:* Business or other for-profit, not-for-profit institutions. *Estimated number of respondents:* 660. *Estimated time per response:* 10 minutes. *Frequency of response:* On occasion. *Estimated total annual burden hours:* 110. *Abstract:* The information collection is prescribed by 36 CFR 1280.48. The collection is prepared by organizations that wish to film, photograph, or videotape on NARA property for news purposes. NARA needs the information to determine if the request complies with NARA's regulation, to ensure protections of archival holdings, and to schedule the filming appointment. 4. *Title:* Independent Researcher Listing Application. *OMB number:* 3095-0054. *Agency form numbers:* NA 14115. *Type of review:* Regular. *Affected public:* Individuals or households. *Estimated number of respondents:* 269. *Estimated time per response:* 10 minutes. *Frequency of response:* On occasion. *Estimated total annual burden hours:* 40. *Abstract:* To assist researchers who can not travel to the metropolitan area to conduct their own research, NARA's Customer Services Division of the National Archives maintains a listing of independent researchers who perform freelance research for hire in the Washington, DC, area. All interested independent researchers provide their contact information via this form. Collecting contact and other key information from each independent researcher and providing such information to the public when deemed appropriate will only increase business. This form is not a burden in any way to any independent researcher who voluntarily submits a completed form. Inclusion on the list will not be viewed or advertised as an endorsement by the National Archives and Records Administration (NARA). The listing is compiled and disseminated as a service to the public. Dated: June 14, 2006. Martha Morphy, Acting Assistant Archivist for Information Services. [FR Doc. E6-9644 Filed 6-19-06; 8:45 am] BILLING CODE 7515-01-P NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements: Office of Management and Budget
(OMB)Review, Correction AGENCY: Nuclear Regulatory Commission. ACTION: Documents containing reporting or recordkeeping requirements: Office of Management and Budget
(OMB)review; correction. SUMMARY: This document corrects a notice appearing in the **Federal Register** on June 8, 2006 (71 FR 33320), that announces the recent submission of a proposal for the collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). This action corrects the comment closing date for the information collection 10 CFR parts 20 and 32, “National Source Tracking of Sealed Sources” and NRC Form 748, “National Source Tracking Transaction Report.” SUPPLEMENTARY INFORMATION: On page 33321, first column, second paragraph, the date “August 7, 2006” should read “July 10, 2006.” Dated in Rockville, Maryland, this 14th day of June 2006. For the U.S. Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of Information Services. [FR Doc. E6-9630 Filed 6-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-353] Limerick Generating Station, Unit 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-85, issued to Exelon Generation Company, LLC, for operation of the Limerick Generating Station, Unit 2, located in Montgomery County, Pennsylvania. The proposed one-time amendment would revise Technical Specification
(TS)Limiting Condition for Operation
(LCO)3.6.1.7 concerning drywell average air temperature. Specifically, the proposed change would add a footnote to the TS limit for drywell average air temperature of 145 degrees Fahrenheit (°F) to allow continued operation of LGS, Unit 2, with drywell average air temperature no greater than 148 °F or the remainder of the current operating cycle (Cycle 9), which is currently scheduled to end in March 2007, or until the next shutdown of sufficient duration to allow for unit cooler fan repairs, whichever comes first. The exigent amendment request is being made because both fans of the 2D drywell unit cooler are inoperable and out of service, which resulted in an increase in drywell average air temperature from approximately 129 °F to approximately 142 °F. Historically, LGS has experienced an increase in the drywell average air temperature of 2-4 °F during the summer months with normal drywell air cooling system operation. Under the current plant condition, this could result in the potential to exceed the TS limit of 145 °F. Noticing this license amendment request in the Biweekly **Federal Register** Notice for the standard 30-day public comment period would not expire until July 2006. Therefore, the combination of the increase in the drywell average air temperature during the summer months and the standard regulatory process for noticing license amendment requests could result in an unwarranted plant shutdown. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations. Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)Involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The increase in the allowable drywell average air temperature during normal plant operation does not make any physical changes to the plant. It only permits the plant to operate at a higher drywell average air temperature for a limited period of time, and therefore, does not increase the probability of an accident previously evaluated. This increase in the drywell average air temperature has been evaluated to ensure that the change does not adversely affect the ability of the primary containment to perform its safety related function during accident conditions. The LGS containment design was previously evaluated using an initial average air temperature of 150 °F for the design basis Loss-of-Coolant Accident (LOCA). The results of this evaluation showed that the peak drywell air temperature does not exceed the limit of 340 °F post-accident and that the peak drywell pressure does not exceed the design limit of 55 psig. In addition, the results of this evaluation showed that the peak suppression pool temperature does not exceed the suppression pool structural design limit of 220 °F, and does not exceed the low pressure Emergency Core Cooling System
(ECCS)pump net positive suction head
(NPSH)limit of 212 °F. The proposed change is also bounded by the current small line break analysis. Evaluation of components in the drywell has determined that the proposed one-time increase in the drywell average air temperature does not adversely affect the capability to perform their safety function. For components in the drywell, the qualified life was based on operation at a minimum drywell average air temperature of 145 °F. An evaluation of the qualified life of components in the drywell has been performed and has determined that current qualification will not be adversely impacted even if the components are exposed to a temperature of 150 °F for the remainder of the current operating cycle. The increased average air temperature of the drywell atmosphere does not degrade or compromise any coolant boundaries nor does it degrade or compromise any primary containment boundaries from performing their design functions during or following an accident condition. This proposed change does not result in or require any systems or components to be operated outside of their design limits. This proposed change does not adversely affect mitigating systems, structures or components, and does not adversely affect the initial conditions of any accidents. Redundancy and diversity of mitigating systems are unchanged as a result of this proposed change. This proposed change does not affect onsite or offsite radiological consequences of any accident previously evaluated in the Safety Analysis Report (SAR). Therefore, this proposed TS change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The one-time increase in the drywell average air temperature proposed by this TS change does not change any SSC [structures, systems, and components of the plant. This TS change does not create new operating or failure modes. The normal operating drywell average air temperature is maintained to prevent the peak temperature/pressure of the primary containment from exceeding the design limit, and to ensure that SSCs perform their safety functions before, during and after accident conditions. A previous evaluation has shown that the limits for the drywell and suppression pool design temperatures and pressures are not exceeded by the proposed change. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. This proposed change will allow the plant to operate at a higher drywell average air temperature during normal operation for the remainder of the current operating cycle. This higher drywell average air temperature (148 °F) is still below the initial conditions (150 °F) specified in the current short and long-term containment analyses. This change does not create additional heat loads or change the way any of the equipment is operated. A previous evaluation has demonstrated that the drywell and suppression pool design pressures and design temperatures and code requirements are maintained. Therefore, this one-time change to the TS drywell average air temperature limit, to allow the plant to operate no greater than 148 °F for no longer than the remainder of the current operating cycle, does not have any adverse effect on the ability of safety-related SSCs to perform their design functions. The SSCs are designed to function following a LOCA where drywell temperature can peak at 340 °F. For components in the drywell, the qualified life was based on operation at a minimum drywell average air temperature of 145 °F. An evaluation of the qualified life of components in the drywell has been performed and has determined that current qualification will not be adversely impacted even if the components are exposed to a temperature of 150 °F for the remainder of the current operating cycle. Therefore, this proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 14 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of the 14-day notice period. However, should circumstances change during the notice period, such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish in the **Federal Register** a notice of issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner/requestor is aware and on which the petitioner/requestor intends to rely to establish those facts or expert opinion. The petitioner/requestor must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(I)-(viii). A request for a hearing or a petition for leave to intervene must be filed by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff;
(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff;
(3)E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV* ; or
(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at
(301)415-1101, verification number is
(301)415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . A copy of the request for hearing and petition for leave to intervene should also be sent to Mr. Brad Fewell, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Kennett Square, PA 19348, attorney for the licensee. For further details with respect to this action, see the application for amendment dated June 9, 2006, which is available for public inspection 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 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.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 14th day of June 2006. For the Nuclear Regulatory Commission. Richard V. Guzman, Project Manager, Plant Licensing Branch I-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-9629 Filed 6-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Sunshine Act Meetings Agency Holding the Meetings: Nuclear Regulatory Commission. Date: Weeks of June 19, 26, July 3, 10, 17, 24, 2006. Place: Commissioners' Conference room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered: Week of June 19, 2006 Friday, June 23, 2006 9 a.m. Affirmation Session (Public Meeting) (Tentative). a. AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station) Docket No. 50-0219, Legal challenges to LBP-06-07 and LBP-06-11 (Tentative). b. Nuclear Management Company, LLC (Palisades Nuclear Plant, license renewal application), Appeal by Petitioners of LBP-06-10 (ruling on standing, contentions, and other pending matters) (Tentative). 9:30 Discussion of Security Issues (Closed-Ex. 1). Week of June 6, 2006—Tentative There are no meetings scheduled for the Week of June 26, 2006. Week of July 3, 2006—Tentative There are no meetings scheduled for the Week of July 3, 2006. Week of July 10, 2006—Tentative There are no meetings scheduled for the Week of July 10, 2006. Week of July 17, 2006—Tentative There are no meetings scheduled for the Week of July 17, 2006. Week of July 24, 2006—Tentative Thursday, July 27, 2006 9:30 a.m. Briefing on Office of International Programs
(OIP)Programs, Performance, and Plans (Public Meeting) (Contact: Karen Henderson, 301-415;-0202). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* 1:30 p.m Briefing on Equal Employment Opportunity
(EEO)Programs. (Public Meeting) (Contact: Barbara Williams, 301-415-7388). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* *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: June 15, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-5545 Filed 6-16-06; 10:34 am]
Connectionstraces to 28
3 references not yet in our index
  • 36 CFR 60
  • Pub. L. 104-13
  • 10 CFR 2
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