Notices. Notice

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BILLING CODE 4510-26-M MERIT SYSTEMS PROTECTION BOARD Membership of the Merit Systems Protection Board's Senior Executive Service; Performance Review Board AGENCY: Merit Systems Protection Board. ACTION: Notice. SUMMARY: Notice is hereby given of the members of the Performance Review Board. FOR FURTHER INFORMATION CONTACT: Janice Bradley, HR Director, Finance and Administrative Management, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419. SUPPLEMENTARY INFORMATION: The Merit Systems Protection Board is publishing the names of the new and current members of the Performance Review Board

(PRB)as required by 5 U.S.C. 4314(c)(4). Deborah Miron will serve as Chair of the PRB. Lynore Carnes and An-Ming “Tommy” Hwang will serve as new members. Gail T. Lovelace, General Services Administration, will serve as a member. Dated: October 24, 2006. Bentley M. Roberts, Jr., Clerk of the Board. [FR Doc. E6-18037 Filed 10-26-06; 8:45 am] BILLING CODE 7401-01-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (06-081)] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,

(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The LIST System form is used primarily to support services at GSFC dependent upon accurate locator type information. The Personal Identifiable Information

(PII)is maintained, protected, and used for mandatory security functions. The system also serves as a tool for performing short and long-term institutional planning. II. Method of Collection Approximately 46% of the data is collected electronically by means of the data entry screen that duplicates the Goddard Space Flight Center form GSFC 24-27 in the LISTS system. The remaining data is keyed into the system from hardcopy version of form GSFC 24-27. III. Data *Title:* Locator and Information Services Tracking System (LISTS) Form. *OMB Number:* 2700-0064. *Type of review:* Extension of currently approved collection. *Affected Public:* Federal government, individuals or households, and business or other for-profit. *Responses per Respondent:* 1. *Annual Responses:* 8,455. *Hours per Request:* 0.08 hours/5 minutes. *Annual Burden Hours:* 702. IV. Request for Comments Comments are invited on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;

(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-18054 Filed 10-26-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (06-082)] Notice of Intent To Grant Partially Exclusive License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of Intent To Grant Partially Exclusive License. SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive, worldwide license to practice the inventions described in NASA Case Numbers LAR-16383-1-NP entitled “Electrically Conductive, Optically Transparent Polymer/Carbon Nanotube Composites and Process for Preparation Thereof,” LAR-17126-1 entitled “A Method for Producing Stable Dispersions of Single Walled Carbon Nanotubes in Polymer Matrices Using Noncovalent Interactions,” and LAR-17366-1 entitled “A Method for Producing Stable Dispersions of Single Walled Carbon Nanotubes in Polymer Matrices Using Dispersion Interaction,” to Kolon Industries, Inc., having its principal place of business in Gwacheon City, Gyeonggi-do, Korea. The fields of use may be limited to laser printers and copiers. The patent rights in these inventions have been or will be assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration or jointly to the National Institute of Aerospace Associates and the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective partially exclusive license may be granted unless, within fifteen

(15)days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen

(15)days of the date of this published notice will also be treated as objections to the grant of the contemplated partially exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office of Chief Counsel, NASA Langley Research Center, MS 141, Hampton, VA 23681-2199. Telephone

(757)864-9260; Facsimile

(757)864-9190. FOR FURTHER INFORMATION CONTACT: Robin W. Edwards, Patent Attorney, Office of Chief Counsel, NASA Langley Research Center, MS 141. Telephone

(757)864-3230; Facsimile

(757)864-9190. Information about other NASA inventions available for licensing can be found online at *http://techtracs.nasa.gov/* . Dated: October 20, 2006. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E6-18056 Filed 10-26-06; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-275] Pacific Gas and Electric Company; 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. DPR-80, issued to Pacific Gas and Electric Company (PG&E/the licensee), for operation of the Diablo Canyon Power Plant, Unit No. 1, located in San Luis Obispo County, California. The proposed amendment would revise Technical Specification

(TS)Section 3.8.4, “DC Sources—Operating,” Condition B to extend the completion time

(CT)to restore an inoperable battery from 2 hours to 12 hours, provided certain required actions are taken. The extended CT would allow sufficient time to correct a degraded condition (e.g., either bypass or replace an inoperable battery cell) without introducing time pressure as an error precursor. PG&E has requested that this amendment be processed on a one-time exigent basis to support timely corrective action for the degraded condition affecting a single cell that impacts the long-term reliability of Vital Battery 1-1. This amendment is being requested on an exigent basis so that the plant will avoid the risk of a TS-required shutdown should the degraded battery cause the Vital Battery 1-1 to be inoperable. 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 proposed changes add provisions to increase the completion time

(CT)from two hours to twelve hours, on a one-time basis for Diablo Canyon Power Plant Unit 1 Vital Battery 1-1. Additional Required Actions are specified when this battery, associated with the plant Class 1E Direct Current

(DC)electrical power subsystem, is inoperable. The proposed changes do not physically alter any plant structures, systems, or components, and are not accident initiators: therefore, there is no effect on the probability of accidents previously evaluated. As part of the single failure design feature, loss of any one DC electrical power subsystem does not prevent the minimum safety function from being performed. Also, the proposed changes do not affect the type or amounts of radionuclides release following an accident, or affect the initiation and duration of their release. Therefore, the consequences of accidents previously evaluated, which rely on the Class 1E battery to mitigate, are not significantly increased. Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different [kind of] accident from any accident previously evaluated? *Response:* No. The proposed changes do not involve a change in design, configuration, or method of operation of the plant. The proposed changes will not alter the manner in which equipment is initiated, nor will the functional demands on credit equipment be changed. The proposed changes do not impact the interaction of any systems whose failure or malfunction can initiate an accident. There are no identified redundant components affected by these changes and thus there are no new common cause failures or any existing common cause failures that are affected by extending the CT. The proposed changes do not create any new failure modes. Therefore, the proposed changes do 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. The proposed changes are based upon both a deterministic evaluation and a risk-informed assessment. The deterministic evaluation concluded that though one battery associated with the Class 1E DC electrical power subsystem is inoperable, the redundant operable Class 1E DC electrical power subsystems will be able to perform the safety function as described in the accident analysis. The risk assessment performed to support this license amendment request concluded that with additional Required Actions the increase in plant risk is small and consistent with the NRC's Safety Goal Policy Statement, “Use of Probabilistic Risk Assessment Methods in Nuclear Activities: Final Policy Statement,” and guidance contained in Regulatory Guides

(RG)1.174, “An Approach for using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis,” and RG 1.177, “An Approach for Plant-Specific Risk-Informed Decisionmaking: Technical Specifications.” Together, the deterministic evaluation and the risk-informed assessment provide assurance that the plant Class 1E DC electrical power subsystem will be able to perform its design function with a longer CT for an inoperable Unit 1 Vital Battery 1-1 and risk is not significantly impacted by the change. Therefore, the proposed changes do 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, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders” 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 O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/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 Richard F. Locke, Esq., Pacific Gas and Electric Company, P.O. Box 7442, San Francisco, California 94120, attorney for the licensee. For further details with respect to this action, see the application for amendment dated October 18, 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, or 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 20th day of October 2006. For the Nuclear Regulatory Commission. Alan Wang, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-18022 Filed 10-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Application for a License To Export High-Enriched Uranium Pursuant to 10 CFR 110.70(b)(2) “Public Notice of Receipt of an Application,” please take notice that the Nuclear Regulatory Commission has received the following request for an export license. Copies of the request can be accessed through the Public Electronic Reading Room

(PERR)link *http://www.nrc.gov/reading-rm/adams.html* at the NRC Homepage. A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the **Federal Register** . Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. In its review of the application for a license to export special nuclear material as defined in 10 CFR Part 110 and noticed herein, the Commission does not evaluate the health, safety or environmental effects in the recipient nation of the material to be exported. The information concerning the application follows. NRC Export License Application for High-enriched Uranium Name of Applicant Date of Application Date Received Application Number Docket Number Description of material Material type Total quantity End use Recipient country DOE/NNSA-Y12 National Security Complex October 5, 2006 High-Enriched Uranium (93.35%) Up to 15.5 kg Uranium (14.46925 kg U-235) To fabricate targets for irradiation in the National Research Universal

(NRU)Reactor to produce medical radioisotopes Canada. October 10, 2006 XSNM03473 11005654 Dated this 17th day of October 2006 at Rockville, Maryland. For the Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E6-18021 Filed 10-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-06-248] In the Matter of Holders of Material Licenses Authorized To Use Sealed Sources in Panoramic and Underwater Irradiators and Possess Greater Than 370 Terabecquerels (10,000 Curies); Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material and Modification of the Compensatory Measures (Effective Immediately) I The Licensees identified in Attachment 1 1 to this Order hold licenses issued in accordance with the Atomic Energy Act

(AEA)of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or Agreement States, authorizing possession of greater than 370 Terabecquerels (10,000 curies) of byproduct material, in the form of sealed sources, either in panoramic irradiators that have dry or wet storage of the sealed sources, or in underwater irradiators in which both the source and the product being irradiated are underwater. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation

(FBI)identification and criminal history records check of any person who is permitted unescorted access to radioactive materials subject to regulation by the Commission, and which the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks. NRC has decided to implement this requirement, in part, prior to the completion of the rulemaking to implement the provisions under the EPAct, which is underway, because a deliberate malevolent act by an individual with unescorted access to these radioactive materials has a potential to result in significant adverse impacts to the public health and safety or the common defense and security. Those exempted, from fingerprinting requirements under 10 CFR 73.59 (71 FR 33,989 (June 13, 2006)) for access to Safeguards Information 2

(SGI)are also exempt from the fingerprinting requirements under this Order. In addition, individuals who have a favorably-decided U.S. Government criminal history record check within the last five

(5)years, or individuals who have an active federal security clearance (provided in each case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Individuals who have been fingerprinted and granted access to SGI by the reviewing official under Order EA-06-155 do not need to be fingerprinted again. 1 Attachment 1 contains sensitive information and will not be released to the public. 2 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. II Subsequent to the terrorist events of September 11, 2001, the NRC issued a security Order requiring certain large panoramic and underwater irradiator licensees to implement Compensatory Measures

(CMs)for radioactive materials. The requirements imposed by that Order (Irradiator Order), and measures licensees have developed to comply with that Order, were designated by the NRC as SGI and were not released to the public. One specific CM imposed by the Irradiator Order required licensees to conduct local criminal history checks to determine the trustworthiness and reliability of individuals needing unescorted access to the panoramic or underwater irradiator sealed sources. “Access,” means that an individual could exercise some physical control over the material or device. At that time, the NRC did not have the authority, except in the case of power reactor licensees, to require licensees to submit fingerprints for FBI criminal history records checks of individuals being considered for unescorted access to radioactive materials subject to NRC regulations. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing the FBI criminal history records check requirements, as set forth in this Order, including Attachment 2 to this Order, on all Licensees identified in Attachment 1 to this Order, that possess greater than 370 Terabecquerels (10,000 curies) of byproduct material in the form of sealed sources. These requirements will remain in effect until the Commission determines otherwise. In addition, pursuant to 10 CFR 2.202, find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 149, 161b, 161i, 161o, 182, and 186 of the AEA of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 30, and 10 CFR Part 36, *it is hereby ordered* , effective immediately, that all licensees identified in attachment 1 to this order shall comply with the requirements set forth in this order. A. All licensees identified in Attachment 1 to this Order shall comply with the following requirements: 1. The Licensee shall, within twenty

(20)days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of Attachment 2 to this Order, for unescorted access to the panoramic or underwater irradiator sealed sources. 2. The Licensee shall, in writing, within twenty

(20)days of the date of this Order, notify, the Commission

(1)receipt and confirmation that compliance with the Order will be achieved, or

(2)if it is unable to comply with any of the requirements described in Attachment 2, or

(3)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from, or variation of, any specific requirement. B. In accordance with the NRC's “Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information” (EA-06-155) issued on August 21, 2006, only the NRC-approved reviewing official shall review results from an FBI criminal history records check. The reviewing official shall determine whether an individual may have, or continue to have, unescorted access to the panoramic or underwater irradiator sealed sources that equal or exceed 370 Terabecquerels (10,000 curies). Fingerprinting and the FBI identification and criminal history records check are not required for individuals exempted from fingerprinting requirements under 10 CFR 73.59 [71 FR 33,989 (June 13, 2006)] for access to SGI. In addition, individuals who have a favorably decided U.S. Government criminal history records check within the last five

(5)years, or have an active federal security clearance, (provided in each case that the appropriate documentation is made available to the Licensee's reviewing official) have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. C. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 2 to this Order. Individuals who have been fingerprinted and granted access to SGI by the reviewing official under Order EA-06-155 do not need to be fingerprinted again. D. The Licensee may allow any individual who currently has unescorted access to the panoramic or underwater irradiator sealed sources, in accordance with the Irradiator Order, to continue to have unescorted access without being fingerprinted, pending a decision by the reviewing official (based on fingerprinting, an FBI criminal history records check and a trustworthy and reliability determination) that the individual may continue to have unescorted access to the panoramic or underwater irradiator sealed sources. The licensee shall complete implementation of the requirements of Attachment 2 to this Order by January 15, 2007. E. The CMs of the Irradiator Order are modified as follows: 1. The requirement for a local criminal history check in CM 2.A.ii. is superceded by the FBI criminal history records check. All other requirements in CM 2.A.ii are still applicable. Licensee responses to Condition A.2. shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. In addition, Licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR 2.390.” The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, *Attn:* Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to (301)-415-1101, or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel, either by means of facsimile transmission to (301)-415-3725, or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty

(20)days from the date of this Order, without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires, if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 17th day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1—List of Applicable Materials Licensees Redacted Attachment 2—Requirements for Fingerprinting and Criminal History Checks of Individuals When Licensee's Reviewing Official Is Determining Unescorted Access to the Panoramic or Underwater Irradiator Sealed Sources Subject to EA-06-248 General Requirements Licensees shall comply with the following requirements of this attachment. 1. Each Licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted unescorted access to the panoramic or underwater irradiator sealed sources. The Licensee shall review and use the information received from the Federal Bureau of Investigation

(FBI)and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The Licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the “Right to Correct and Complete Information” section of this attachment. 3. Fingerprints for unescorted access need not be taken if an employed individual ( *e.g.* , a Licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.59 for access to Safeguards Information, has a favorably-decided U.S. Government criminal history check within the last five

(5)years, or has an active federal security clearance. Written confirmation from the Agency/employer which granted the federal security clearance or reviewed the criminal history check must be provided for either of the latter two cases. The Licensee must retain this documentation for a period of three

(3)years from the date the individual no longer requires unescorted access to radioactive materials associated with the Licensee's activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements of the Irradiator Order, in making a determination whether to grant, or continue to allow, unescorted access to radioactive materials. 6. The Licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access to the panoramic or underwater irradiator sealed sources. 7. The Licensee shall document the basis for its determination whether to grant, or continue to allow, unescorted access to the panoramic or underwater irradiator sealed sources. Prohibitions A Licensee shall not base a final determination to deny an individual access to radioactive materials solely on the basis of information received from the FBI involving: An arrest more than one

(1)year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A Licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the Licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, Licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T-6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking unescorted access to the panoramic or underwater irradiator sealed sources, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling

(301)415-5877, or by e-mail to *forms@nrc.gov* . Practicable alternative formats are set forth in 10 CFR 73.4. The Licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD-258 fingerprint record containing omissions or evident errors will be returned to the Licensee for corrections. The fee for processing fingerprint checks includes one re-submission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier's check, money order, or electronic payment, made payable to “U.S. NRC.” [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at

(301)415-7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a Licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of Licensee fingerprint submissions. The Commission will directly notify Licensees who are subject to this regulation of any fee changes. The Commission will forward to the submitting Licensee all data received from the FBI as a result of the Licensee's application(s) for criminal history checks, including the FBI fingerprint record. Right To Correct and Complete Information Prior to any final adverse determination, the Licensee shall make available to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the Licensee for a period of one

(1)year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency ( *i.e.* , law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537-9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten

(10)days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The Licensee may make a final determination on unescorted access to the panoramic or underwater irradiator sealed sources based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on unescorted access to the panoramic or underwater irradiator sealed sources, the Licensee shall provide the individual its documented basis for denial. Unescorted access to the panoramic or underwater irradiator sealed sources shall not be granted to an individual during the review process. Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining unescorted access to the panoramic or underwater irradiator sealed sources. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual's name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three

(3)years after termination of employment or denial to unescorted access to the panoramic or underwater irradiator sealed sources. After the required three

(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E6-18052 Filed 10-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-06-250] In the Matter of Holders of Material Licenses Authorized To Manufacture or Distribute Items Containing Radioactive Material of Concern; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material and Modification of the Additional Security Measures (Effective Immediately) I The Licensees identified in Attachment 1 1 to this Order hold licenses issued in accordance with the Atomic Energy Act

(AEA)of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or Agreement States, authorizing them to manufacture or initially transfer items containing radioactive materials for sale or distribution. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation

(FBI)identification and criminal history records check of any person who is permitted unescorted access to radioactive materials subject to regulation by the Commission, and which the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks. NRC has decided to implement this requirement, in part, prior to the completion of the rulemaking to implement the provisions under the EPAct, which is underway, because a deliberate malevolent act by an individual with unescorted access to these radioactive materials has a potential to result in significant adverse impacts to the public health and safety or the common defense and security. Those exempted from fingerprinting requirements under 10 CFR 73.59 (71 FR 33,989 (June 13, 2006)) for access to Safeguards Information 2

(SGI)are also exempt from the fingerprinting requirements under this Order. In addition, individuals who have a favorably-decided U.S. Government criminal history record check within the last five

(5)years, or individuals who have an active Federal security clearance (provided in each case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Individuals who have been fingerprinted and granted access to SGI by the reviewing official under Order EA-06-155 do not need to be fingerprinted again. 1 Attachment 1 contains sensitive information and will not be released to the public. 2 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. II Subsequent to the terrorist events of September 11, 2001, the NRC issued a security Order requiring certain Manufacturing and Distribution (M&D) Licensees to implement Additional Security Measures

(ASMs)for certain radioactive materials. The requirements imposed by that Order (M&D Order), and measures licensees have developed to comply with that Order, were designated by the NRC as Safeguards Information

(SGI)and were not released to the public. One specific ASM, imposed by the M&D Order, required licensees to conduct local background checks to determine the trustworthiness and reliability of individuals needing unescorted access to radioactive materials. “Access,” to these radioactive materials means that an individual could exercise some physical control over the material or device. At that time, the NRC did not have the authority, except in the case of power reactor licensees, to require licensees to submit fingerprints for an FBI criminal history records checks of individuals being considered for unescorted access to radioactive materials subject to NRC regulations. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing the FBI criminal history records check requirements, as set forth in this Order, including Attachment 2 to this Order, on all Licensees identified in Attachment 1 to this Order, who possess risk-significant radioactive materials equal to or greater than the quantities listed in Attachment 3 to this Order. These requirements will remain in effect until the Commission determines otherwise. This Order also modifies the M&D Order (EA-03-225 or EA-05-126M), to reflect recent Commission regulatory actions. The ASMs for M&D Licensees are modified to be consistent with

(1)the “Order Imposing Additional Security Measures on the Transportation of Radioactive Materials Quantities of Concern” (EA-05-006),

(2)the final rule on the Export and Import of Radioactive Material: Security Policies (70 FR 37985 and 46066), dated July 1, 2005,

(3)the Order Imposing Increased Controls (EA-05-090), and

(4)the International Atomic Energy Agency

(IAEA)Code of Conduct on the Safety and Security of Radioactive Sources. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 149, 161b, 161i, 161o, 182, and 186 of the AEA of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 30, and 10 CFR Part 32, *It is hereby ordered,* effective immediately, that all licensees identified in Attachment 1 to this order shall comply with the requirements set forth in this order. A. All licensees identified in Attachment 1 to this Order shall comply with the following requirements: 1. The Licensee shall, within twenty

(20)days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of Attachment 2 to this Order, for unescorted access to radioactive materials that equal or exceed the quantities listed in Attachment 3 to this Order. 2. The Licensee shall, in writing, within twenty

(20)days of the date of this Order, notify, the Commission,

(1)receipt and confirmation that compliance with the Order will be achieved, or

(2)if it is unable to comply with any of the requirements described in Attachment 2, or

(3)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. B. In accordance with the NRC's “Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information” (EA-06-155), issued on August 21, 2006, only the NRC-approved reviewing official shall review results from an FBI criminal history records check. The reviewing official shall determine whether an individual may have, or continue to have, unescorted access to radioactive materials that equal or exceed the quantities listed in Attachment 3 to this Order. Fingerprinting and the FBI identification and criminal history records check are not required for individuals that are exempted from fingerprinting requirements under 10 CFR 73.59 [71 FR 33989 (June 13, 2006)] for access to SGI. In addition, individuals who have a favorably decided U.S. Government criminal history records check within the last five

(5)years, or individuals who have an active Federal security clearance, (provided in each case that the appropriate documentation is made available to the Licensee's reviewing official) have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. C. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 2 to this Order. Individuals who have been fingerprinted and granted access to SGI by the reviewing official under Order EA-06-155 do not need to be fingerprinted again. D. The Licensee may allow any individual who currently has unescorted access to radioactive materials, in accordance with the M&D Order, to continue to have unescorted access without being fingerprinted, pending a decision by the reviewing official (based on fingerprinting, an FBI criminal history records check, and a trustworthy and reliability determination) that the individual may continue to have unescorted access to radioactive materials that equal or exceed the quantities listed in Attachment 3 to this Order. The licensee shall complete implementation of the requirements of Attachment 2 to this Order by January 15, 2007. E. The ASMs of the M&D Order are modified as follows: 1. ASM 7.d. is superseded in its entirety by Order EA-05-006. 2. ASM 8. is superseded by 10 CFR Part 110—Export and Import of Nuclear Equipment and Material [ *see also* Final Rule 10 CFR Part 110, dated July 1, 2005 (70 FR 37985 and 46066)—Export and Import of Radioactive Material: Security Policies]. 3. “Table 1: Radionuclides of Concern” is superseded by Attachment 3 to this Order. 4. The requirement for a local criminal history check in ASM 5.a. is superceded by the FBI criminal history records check. All other requirements in ASM 5.a. are still applicable. Licensee responses to Condition A.2. shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR 2.390.” The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(301)415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to

(301)415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty

(20)days from the date of this Order without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires, if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 17 day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1—List of Applicable Materials Licensees (Redacted) Attachment 2—Requirements for Fingerprinting and Criminal History Checks of Individuals When Licensee's Reviewing Official Is Determining Unescorted Access to Radioactive Material Subject to EA-06-250 General Requirements Licensees shall comply with the following requirements of this attachment. 1. Each Licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted unescorted access to risk significant radioactive materials equal to, or greater than, the quantities listed in Attachment 3 to EA-06-250. The Licensee shall review and use the information received from the Federal Bureau of Investigation

(5)years, or has an active Federal security clearance. Written confirmation from the Agency/employer which granted the Federal security clearance or reviewed the criminal history check must be provided for either of the latter two cases. The Licensee must retain this documentation for a period of three

(3)years from the date the individual no longer requires unescorted access to radioactive materials associated with the Licensee's activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements of the M&D Order, in making a determination whether to grant, or continue to allow, unescorted access to radioactive materials. 6. The Licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access to risk-significant radioactive materials equal to or greater thank the quantities used in Attachment 3 to EA-06-250. 7. The Licensee shall document the basis for its determination whether to grant, or continue to allow, unescorted access to risk-significant radioactive materials equal to or greater than the quantities used in Attachment 3 to EA-06-250. Prohibitions A Licensee shall not base a final determination to deny an individual access to radioactive materials solely on the basis of information received from the FBI involving: An arrest more than one

(1)year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A Licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the Licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, Licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T-6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking unescorted access to the risk-significant radioactive materials equal to or greater thank the quantities used in Attachment 3 to EA-06-250, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling

(301)415-7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a Licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of Licensee fingerprint submissions. The Commission will directly notify Licensees who are subject to this regulation of any fee changes. The Commission will forward to the submitting Licensee all data received from the FBI as a result of the Licensee's application(s) for criminal history checks, including the FBI fingerprint record. Right to Correct and Complete Information Prior to any final adverse determination, the Licensee shall make available to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the Licensee for a period of one

(10)days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The Licensee may make a final determination on unescorted access to risk-significant radioactive materials equal to or greater than the quantities used in Attachment 3 to EA-06-250, based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on unescorted access to risk-significant radioactive materials equal to or greater than the quantities used in Attachment 3 to EA-06-250, the Licensee shall provide the individual its documented basis for denial. Unescorted access to risk-significant radioactive materials equal to or greater than the quantities used in Attachment 3 to EA-06-250, shall not be granted to an individual during the review process. Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining unescorted access to risk-significant radioactive materials equal to or greater than the quantities listed in Attachment 3 to EA-06-250. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual's name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three

(3)years after termination of employment or denial to unescorted access to risk-significant radioactive materials equal to or greater than the quantities listed in Attachment 3 to EA-06-250. After the required three

(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. Attachment 3—Radionuclides of Concern Table A.—Radionuclides of Concern Radionuclide Quantity of concern 1

(TBq)Quantity of concern 2

(Ci)Am-241 0.6 16 Am-241/Be 0.6 16 Cf-252 0.2 5.4 Cm-244 0.5 14 Co-60 0.3 8.1 Cs-137 1 27 Gd-153 10 270 Ir-192 0.8 22 Pm-147 400 11,000 Pu-238 0.6 16 Pu-239/Be 0.6 16 Ra-226 3 0.4 11 Se-75 2 54 Sr-90 (Y-90) 10 270 Tm-170 200 5,400 Yb-169 3 81 Combinations of radioactive materials listed above 4 See Footnote Below 5 1 The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds the quantity of concern. 2 The primary values used for compliance with this Order are TBq. The curie

(Ci)values are rounded to two significant figures for informational purposes only. 3 The Atomic Energy Act, as amended by the Energy Policy Act of 2005, authorizes NRC to regulate Ra-226 and NRC is in the process of amending its regulations for discrete sources of Ra-226. 4 Radioactive materials are to be considered aggregated or collocated if breaching a common physical security barrier ( *e.g.* , a locked door at the entrance to a storage room) would allow access to the radioactive material or devices containing the radioactive material. 5 If several radionuclides are aggregated, the sum of the ratios of the activity of each source, I of radionuclide, n, A <sup>(i,n)</sup> , to the quantity of concern for radionuclide n, Q <sup>(n)</sup> , listed for that radionuclide equals or exceeds one. [(aggregated source activity for radionuclide A) ÷ (quantity of concern for radionuclide A)] + [(aggregated source activity for radionuclide B) ÷ (quantity of concern for radionuclide B)] + etc. * * * ≥1. Guidance for Aggregation of Sources NRC supports the use of the International Atomic Energy Association's

(IAEA)source categorization methodology as defined in IAEA Safety Standards Series No. RS-G-1.9, “Categorization of Radioactive Sources,”

(2005)( *see http://www-pub.iaea.org/MTCD/publications/PDF/Pub1227_web.pdf* ) and as endorsed by the agency's Code of Conduct for the Safety and Security of Radioactive Sources, January 2004 (see *http://www-pub.iaea.org/MTCD/publications/PDF/Code-2004_web.pdf* ). The Code defines a three-tiered source categorization scheme. Category 1 corresponds to the largest source strength (equal to or greater than 100 times the quantity of concern values listed in Table 1.) and Category 3, the smallest (equal or exceeding one-tenth the quantity of concern values listed in Table 1.). Additional security measures apply to sources that are equal to or greater than the quantity of concern values listed in Table 1, plus aggregations of smaller sources that are equal to or greater than the quantities in Table 1. Aggregation only applies to sources that are collocated. Licensees who possess individual sources in total quantities that equal or exceed the Table 1 quantities are required to implement additional security measures. Where there are many small (less than the quantity of concern values) collocated sources whose total aggregate activity equals or exceeds the Table 1 values, licensees are to implement additional security measures. Some source handling or storage activities may cover several buildings, or several locations within specific buildings. The question then becomes, “When are sources considered collocated for purposes of aggregation?” For purposes of the additional controls, sources are considered collocated if breaching a single barrier ( *e.g.* , a locked door at the entrance to a storage room) would allow access to the sources. Sources behind an outer barrier should be aggregated separately from those behind an inner barrier ( *e.g.* , a locked source safe inside the locked storage room). However, if both barriers are simultaneously open, then all sources within these two barriers are considered to be collocated. This logic should be continued for other barriers within or behind the inner barrier. The following example illustrates the point: A lockable room has sources stored in it. Inside the lockable room, there are two shielded safes with additional sources in them. Inventories are as follows: The room has the following sources outside the safes: Cf-252, 0.12 TBq (3.2 Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu-238, 0.3 TBq (8.1 Ci). Application of the unity rule yields: (0.12 ÷ 0.2) + (0.18 ÷ 0.3) + (0.3 ÷ 0.6) = 0.6 + 0.6 + 0.5 = 1.7. Therefore, the sources would require additional security measures. Shielded safe #1 has a 1.9 TBq (51 Ci) Cs-137 source and a 0.8 TBq (22 Ci) Am-241 source. In this case, the sources would require additional security measures, regardless of location, because they each exceed the quantities in Table 1. Shielded safe #2 has two Ir-192 sources, each having an activity of 0.3 TBq (8.1 Ci). In this case, the sources would not require additional security measures while locked in the safe. The combined activity does not exceed the threshold quantity 0.8 TBq (22 Ci). Because certain barriers may cease to exist during source handling operations ( *e.g.* , a storage location may be unlocked during periods of active source usage), licensees should, to the extent practicable, consider two modes of source usage—“operations” (active source usage) and “shutdown” (source storage mode). Whichever mode results in the greatest inventory (considering barrier status) would require additional security measures for each location. Use the following method to determine which sources of radioactive material require implementation of the Additional Security Measures (ASMs): • Include any single source equal to or greater than the quantity of concern in Table A. • Include multiple collocated sources of the same radionuclide when the combined quantity equals or exceeds the quantity of concern. • For combinations of radionuclides, include multiple collocated sources of different radionuclides when the aggregate quantities satisfy the following unity rule: [(amount of radionuclide A) ÷ (quantity of concern of radionuclide A)] + [(amount of radionuclide B) ÷ (quantity of concern of radionuclide B)] + etc. . . . ≥1. [FR Doc. E6-18066 Filed 10-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Availability of Model Safety Evaluation on Technical Specification Improvement To Modify Requirements Regarding LCO 3.10.1, Inservice Leak and Hydrostatic Testing Operation Using the Consolidated Line Item Improvement Process AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. SUMMARY: Notice is hereby given that the staff of the Nuclear Regulatory Commission

(NRC)has prepared a model safety evaluation

(SE)relating to the modification of shutdown testing requirements in technical specifications

(TS)for Boiling Water Reactors (BWR). The NRC staff has also prepared a model no-significant-hazards-consideration

(NSHC)determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to modify LCO 3.10.1. The proposed changes would revise LCO 3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than [200] °F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their reactors. DATES: The NRC staff issued a **Federal Register** notice on August 21, 2006 (71 FR 48561) that provided a model safety evaluation

(SE)and a model no significant hazards consideration

(NSHC)determination relating to modification of requirements regarding LCO 3.10.1, “Inservice Leak and Hydrostatic Testing Operation.” The NRC staff hereby announces that the model SE and NSHC determination may be referenced in plant-specific applications to adopt the changes. The staff will post a model application on the NRC web site to assist licensees in using the consolidated line item improvement process (CLIIP) to revise the TS on LCO 3.10.1, “Inservice Leak and Hydrostatic Testing Operation.” FOR FURTHER INFORMATION CONTACT: Tim Kobetz, Mail Stop: O-12H2, Division of Inspections and Regional Support, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-1932. SUPPLEMENTARY INFORMATION: Background Regulatory Issue Summary 2000-06, “Consolidated Line Item Improvement Process for Adopting Standard Technical Specification Changes for Power Reactors,” was issued on March 20, 2000. The consolidated line item improvement process (CLIIP) is intended to improve the efficiency of NRC licensing processes by processing proposed changes to the standard technical specifications

(STS)in a manner that supports subsequent license amendment applications. The CLIIP includes an opportunity for the public to comment on a proposed change to the STS after a preliminary assessment by the NRC staff and a finding that the change will likely be offered for adoption by licensees. The CLIIP directs the NRC staff to evaluate any comments received for a proposed change to the STS and to either reconsider the change or announce the availability of the change for adoption by licensees. This notice involves the modification of LCO 3.10.1. The proposed changes would revise LCO 3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than [200] °F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. This change was proposed for incorporation into the standard technical specifications by the owners groups participants in the Technical Specification Task Force

(TSTF)and is designated TSTF-484. TSTF-484 can be viewed on the NRC's web page utilizing the Agencywide Documents Access and Management System (ADAMS). ADAMS accession numbers are ML052930102 (TSTF-484 Submittal), ML060970568 (NRC Request for Additional Information, RAI), ML061560523 (TSTF Response to NRC RAIs), and ML062650171 (TSTF Response to NRC Notice for Comment). Applicability Licensees opting to apply for this TS change are responsible for reviewing the staff's evaluation, referencing the applicable technical justifications, and providing any necessary plant-specific information. Each amendment application made in response to the notice of availability will be processed and noticed in accordance with applicable rules and NRC procedures. Public Notices In a notice in the **Federal Register** dated August 21, 2006 (71 FR 48561), the staff requested comment on the use of the CLIIP to process requests to revise the TS regarding LCO 3.10.1, “Inservice Leak and Hydrostatic Testing Operation.” In addition, there have been several plant-specific amendment requests to adopt changes similar to those described in TSTF-484 and notices have been published for these applications. TSTF-484, as well as the NRC staff's safety evaluation and model application, 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. Publicly available records are accessible electronically from the ADAMS Public Library component on the NRC Web site, (the Electronic Reading Room). The staff received one response with seven comments following the notice published August 21, 2006 (71 FR 48561), soliciting comments on the model SE and NSHC determination related to TSTF-484, Revision 0. The comments were offered by the TSTF in a letter dated September 20, 2006 (ADAMS# ML062650171). The comments are administrative in nature in that they provide clarification and do not have a material impact on the model SE and NSHC determination published August 21, 2006 (71 FR 48561). TSTF comments that were incorporated include the comment on the **Federal Register** Notice for Comment and comments 1, 3, 4, and 5 on the Model Safety Evaluation. The TSTF has been informed of NRC staff decision not to incorporate comments 2 and 6. Comment 2 provides for additional information about TSTF-484 regarding scram time testing to be included in paragraph one of section 3.0. In the original Model Safety Evaluation published for comment on August 21, 2006 (71 FR 48561), the first half of section 3.0 discusses hydrostatic and leakage testing, while the second half of section 3.0 discusses scram time testing. NRC staff believe that there may be confusion if the comment is incorporated into the first section of 3.0 while scram time testing is not discussed until the second half of section 3.0. The information provided in the comment is captured in the second half of section 3.0. Comment 6 was not incorporated due to possible confusion regarding the term “conservatively”. In reviewing the TSTF-484, Revision 0 submittal, the NRC has concluded that there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, such activities will be conducted in compliance with the Commission's regulations, and the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. Therefore, it was decided that comment 6 was not needed in order to justify TSTF-484, Revision 0 approval. The revised model SE is included in this notice for use by licensees. As described in the model application prepared by the staff, licensees may reference in their plant-specific applications to adopt TSTF-484, the SE and NSHC determination. Model Safety Evaluation U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, Consolidated Line Item Improvement, Technical Specification Task Force Change TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities 1.0 Introduction By application dated [Date], [Name of Licensee] (the licensee) requested changes to the Technical Specifications

(TS)for the [Name of Facility]. The proposed changes would revise Limiting Condition for Operation

(LCO)3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than [200] °F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. 2.0 Regulatory Evaluation *2.1 Inservice Leak and Hydrostatic Testing.* The Reactor Coolant System

(RCS)serves as a pressure boundary and also serves to provide a flow path for the circulation of coolant past the fuel. In order to maintain RCS integrity, Section XI of the American Society of Mechanical Engineers

(ASME)Pressure Vessel Code requires periodic hydrostatic and leakage testing. Hydrostatic tests are required to be performed once every ten years and leakage tests are required to be performed each refueling outage. Appendix G to 10 CFR Part 50 states that pressure tests and leak tests of the reactor vessel that are required by Section XI of the American Society of Mechanical Engineers

(ASME)Pressure Vessel Code must be completed before the core is critical. NUREG-1433, General Electric Plants, BWR/4, Revision 3, Standard Technical Specifications

(STS)and NUREG-1434, General Electric Plants, BWR/6, Revision 3, STS both currently contain LCO 3.10.1, “Inservice Leak and Hydrostatic Testing Operation.” LCO 3.10.1 was created to allow for hydrostatic and leakage testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200] °F provided certain secondary containment LCOs are met. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to implement LCO 3.10.1, while hydrostatic and leakage testing is being conducted, should average reactor coolant temperature exceed [200] °F during testing. This modification does not alter current requirements for hydrostatic and leakage testing as required by Appendix G to 10 CFR Part 50. *2.2 Control Rod Scram Time Testing.* Control rods function to control reactor power level and to provide adequate excess negative reactivity to shut down the reactor from any normal operating or accident condition at any time during core life. The control rods are scrammed by using hydraulic pressure exerted by the control rod drive

(CRD)system. Criterion 10 of Appendix A to 10 CFR part 50 states that the reactor core and associated coolant, control, and protection systems shall be designed with appropriate margin to assure that specified acceptable fuel limits are not exceeded during any condition of normal operation, including the effects of anticipated operational occurrences. The scram reactivity used in design basis accidents

(DBA)and transient analyses is based on an assumed control rod scram time. NUREG-1433, General Electric Plants, BWR/4, Revision 3, STS and NUREG-1434, General Electric Plants, BWR/6, Revision 3, STS both currently contain surveillance requirements

(SR)to conduct scram time testing when certain conditions are met in order to ensure that Criterion 10 of Appendix A to 10 CFR Part 50 is satisfied. SR 3.1.4.1 requires scram time testing to be conducted following a shutdown greater than 120 days while SR 3.1.4.4 requires scram time testing to be conducted following work on the CRD system or following fuel movement within the affected core cell. Both SRs must be performed at reactor steam dome pressure greater than or equal to [800] psig and prior to exceeding 40 percent rated thermal power (RTP). TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, would modify LCO 3.10.1 to allow SR 3.1.4.1 and SR 3.1.4.4 to be conducted in Mode 4 with average reactor coolant temperature greater than [200] °F. Scram time testing would be performed in accordance with LCO 3.10.4, “Single Control Rod Withdrawal—Cold Shutdown.” This modification to LCO 3.10.1 does not alter the means of compliance with Criterion 10 of Appendix A to 10 CFR Part 50. 3.0 Technical Evaluation The existing provisions of LCO 3.10.1 allow for hydrostatic and leakage testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200] °F, while imposing Mode 3 secondary containment requirements. Under the existing provision, LCO 3.10.1 would have to be implemented prior to hydrostatic and leakage testing. As a result, if LCO 3.10.1 was not implemented prior to hydrostatic and leakage testing, hydrostatic and leakage testing would have to be terminated if average reactor coolant temperature exceeded [200] °F during the conduct of the hydrostatic and leakage test. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to implement LCO 3.10.1, while hydrostatic and leakage testing is being conducted, should average reactor coolant temperature exceed [200] °F during testing. The modification will allow completion of testing without the potential for interrupting the test in order to reduce reactor vessel pressure, cool the RCS, and restart the test below [200] °F. Since the current LCO 3.10.1 allows testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200] °F, the proposed change does not introduce any new operational conditions beyond those currently allowed. SR 3.1.4.1 and SR 3.1.4.4 require that control rod scram time be tested at reactor steam dome pressure greater than or equal to [800] psig and before exceeding 40 percent rated thermal power (RTP). Performance of control rod scram time testing is typically scheduled concurrent with inservice leak or hydrostatic testing while the RCS is pressurized. Because of the number of control rods that must be tested, it is possible for the inservice leak or hydrostatic test to be completed prior to completing the scram time test. Under existing provisions, if scram time testing can not be completed during the LCO 3.10.1 inservice leak or hydrostatic test, scram time testing must be suspended. Additionally, if LCO 3.10.1 is not implemented and average reactor coolant temperature exceeds [200] °F while performing the scram time test, scram time testing must also be suspended. In both situations, scram time testing is resumed during startup and is completed prior to exceeding 40 percent RTP. TSTF-484, Revision 0, Use of TS 3.10.1 for Scram Time Testing Activities, modifies LCO 3.10.1 to allow a licensee to complete scram time testing initiated during inservice leak or hydrostatic testing. As stated earlier, since the current LCO 3.10.1 allows testing to be conducted while in Mode 4 with average reactor coolant temperature greater than [200] °F, the proposed change does not introduce any new operational conditions beyond those currently allowed. Completion of scram time testing prior to reactor criticality and power operations results in a more conservative operating philosophy with attendant potential safety benefits. It is acceptable to perform other testing concurrent with the inservice leak or hydrostatic test provided that this testing can be performed safely and does not interfere with the leak or hydrostatic test. However, it is not permissible to remain in TS 3.10.1 solely to complete such testing following the completion of inservice leak or hydrostatic testing and scram time testing. Since the tests are performed with the reactor pressure vessel

(RPV)nearly water solid, at low decay heat values, and near Mode 4 conditions, the stored energy in the reactor core will be very low. Small leaks from the RCS would be detected by inspections before a significant loss of inventory occurred. In addition, two low-pressure emergency core cooling systems

(ECCS)injection/spray subsystems are required to be operable in Mode 4 by TS 3.5.2, ECCS-Shutdown. In the event of a large RCS leak, the RPV would rapidly depressurize and allow operation of the low pressure ECCS. The capability of the low pressure ECCS would be adequate to maintain the fuel covered under the low decay heat conditions during these tests. Also, LCO 3.10.1 requires that secondary containment and standby gas treatment system be operable and capable of handling any airborne radioactivity or steam leaks that may occur during performance of testing. The protection provided by the normally required Mode 4 applicable LCOs, in addition to the secondary containment requirements required to be met by LCO 3.10.1, minimizes potential consequences in the event of any postulated abnormal event during testing. In addition, the requested modification to LCO 3.10.1 does not create any new modes of operation or operating conditions that are not currently allowed. Therefore, the staff finds the proposed change acceptable. 4.0 State Consultation In accordance with the Commission's regulations, the [Name of State] State official was notified of the proposed issuance of the amendment. The State official had [no] comments. [If comments were provided, they should be addressed here]. 5.0 Environmental Consideration The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding issued on [Date] ([ ] FR [ ]). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment. 6.0 Conclusion The Commission has concluded, based on the considerations discussed above, that:

(1)There is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner,

(2)such activities will be conducted in compliance with the Commission's regulations, and

(3)the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. 7.0 References 1. NUREG-1433, “General Electric Plants, BWR/4, Revision 3, Standard Technical Specifications (STS)”, August 31, 2003. 2. NUREG-1434, General Electric Plants, BWR/6, Revision 3, Standard Technical Specifications (STS)”, August 31, 2003. 3. Request for Additional Information

(RAI)Regarding TSTF-484, April 7, 2006, ADAMS accession number ML060970568. 4. Response to NRC RAIs Regarding TSTF-484, June 5, 2006, ADAMS accession number ML061560523. 5. TSTF-484 Revision 0, “Use of TS 3.10.1 for Scram Times Testing Activities”, May 5, 2005, ADAMS accession number ML052930102. 6. TSTF Response to NRC Notice for Comment, September 20, 2006, ADAMS accession number ML062650171. *Principal Contributor:* Aron Lewin. Dated at Rockville, Maryland this 12th of October 2006. For the Nuclear Regulatory Commission. Timothy Kobetz, Branch Chief, Technical Specifications Branch, Division of Inspections and Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. E6-18076 Filed 10-26-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS350] WTO Dispute Settlement Proceeding Regarding Measures Related to Zeroing and Certain Investigations, Administrative Reviews and Sunset Reviews Involving Products From the European Communities AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing notice that the European Communities

(EC)has requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (“WTO Agreement”) concerning various measures relating to zeroing and antidumping duty orders on certain products from the EC. The EC alleges that determinations made by U.S. authorities concerning these products, and certain related matters, are inconsistent with Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.3, 9.5, 11, 18.3 and 18.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (“AD Agreement”), Article VI of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), and Article XVI:4 of the WTO Agreement. That request may be found at *http://www.wto.org* contained in documents designated as WT/DS350/1 and WT/DS350/1/Add.1. USTR invites written comments from the public concerning the issues raised in this dispute. In connection with the issues raised in the request for consultations, the public should be aware that on March 6, 2006, the Department of Commerce announced that it will no longer use “zeroing” when making average-to-average comparisons in an antidumping investigation. See 71 FR 11189. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before November 15, 2006 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted

(i)electronically, to *FR0702@ustr.eop.gov* , Attn: “EC Zeroing II (DS350)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508,

(202)395-9622. SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations have been requested pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (“DSU”). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the EC With respect to the measures at issue, the EC's request for consultations refers to the following: 1. The implementing regulations of the U.S. Department of Commerce (“DOC”), § 19 CFR Part 351, in particular § 351.414(c)(2); 2. The methodology of the DOC for determining the dumping margin in reviews on the basis of the comparison of a weighted average normal value with individual export prices; 3. The determinations of dumping by the DOC, the determinations of injury by the U.S. International Trade Commission (“ITC”), the DOC notices for the imposition of the antidumping duty, and any automatic assessment instructions issued pursuant to them, in the following investigations: 1 1 For the precise EC description of these determinations and notices, including the dates of publication in the **Federal Register** , see Annex I of the EC's consultation request, which is available on the WTO Web site's document distribution facility as document “WT/ DS350/1” and document “WT/DS350/Add.1”. • Purified carboxymethylcellulose from Switzerland, DOC Case No. A-401-808, ITC Case No. 731-TA-1087; • Purified carboxymethylcellulose from the Netherlands, DOC Case No. A-421-811, ITC Case No. 731-TA-1086; • Purified carboxymethylcellulose from Finland, DOC Case No. A-405-803, ITC Case No. 731-TA-1084; • Chlorinated isocyanurates from Spain, DOC Case No. A-469-814, ITC Case No. 731-TA-1083; 4. The final results of the administrative reviews by the DOC in the following proceedings, and any assessment instructions issued pursuant to them: • Ball Bearings from France, DOC Case No. A-427-801, 68 FR 35623 (June 16, 2003), amended 68 FR 43712 (July 24, 2003); • Ball Bearings from Germany, DOC Case No. A-428-801, 68 FR 35623 (June 16, 2003); • Ball Bearings from Italy, DOC Case No. A-475-801, 68 FR 35623 (June 16, 2003); • Stainless Steel Sheet and Strip Coils from Italy, DOC Case No. A-475-824, 68 FR 69382 (December 12, 2003); • Certain Pasta from Italy, DOC Case No. A-475-818, 69 FR 6255 (February 10, 2004), amended 69 FR 81 (April 27, 2004); • Stainless Steel Sheet and Strip Coils from Germany, DOC Case No. A-428-825, 69 FR 6262, (February 10, 2004); • Certain Hot-rolled Carbon Steel Flat Products from Netherlands, DOC Case No. A-421-807, 69 FR 115, (June 16, 2004), amended 69 FR 43801 (July 22, 2004); • Stainless Steel Bar from Germany, DOC Case No. A-428-830, 69 FR 113 (June 14, 2004); • Stainless Steel Bar from Italy, DOC Case No. A-475-829, 69 FR 113 (June 14, 2004); • Antifriction Bearings and Parts thereof from France, DOC Case No. A-427-801, 69 FR 55574 (September 15, 2004), amended 69 FR 62023 (October 22, 2004); • Antifriction Bearings and Parts thereof from Germany, DOC Case No. A-428-801, 69 FR 55574 (September 15, 2004), amended 69 FR 63507 (November 2, 2004); • Antifriction Bearings and Parts thereof from Italy, DOC Case No. A-475-801, 69 FR 55574 (September 15, 2004), amended 69 FR 62023 (October 22, 2004); • Antifriction Bearings and Parts thereof from the United Kingdom, DOC Case No. A 412-801, 69 FR 55574 (September 15, 2004), amended 69 FR 62023 (October 22, 2004); • Stainless Steel Plate in Coils from Belgium, DOC Case No. A-423-808, 69 FR 74495 (December 14, 2004), amended 70 FR 2999 (January 19, 2005); • Stainless Steel Sheet and Strip in Coils from Germany, DOC Case No. A-428-825, 69 FR 75930, (December 20, 2004); • Steel Concrete Reinforcing Bars from Latvia, DOC Case No. A-449-804, 69 FR 74498 (December 14, 2004); • Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR 6832 (February 9, 2005); • Certain Hot-rolled Carbon Steel Flat Products from the Netherlands, DOC Case No. A-421-807, 70 FR 18366 (April 11, 2005); • Stainless Steel Bar from Germany, DOC Case No. A-428-830, 71 FR 42802 (July 28, 2006), amended 71 FR 52063 (September 1, 2006); • Stainless Steel Bar from France, DOC Case No. A-427-820, 70 FR 46482 (August 10, 2005); • Ball Bearings and parts thereof from France, DOC Case No. A-427-801, 70 FR 54711 (September 16, 2005); • Ball Bearings and parts thereof from Germany, DOC Case No. A-428-801, 70 FR 54711 (September 16, 2005); • Ball Bearings and parts thereof from Italy, DOC Case No. A-475-801, 70 FR 54711 (September 16, 2005); • Ball Bearings and parts thereof from the United Kingdom, DOC Case No. A-412-801, 70 FR 54711 (September 16, 2005); • Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR 71464 (November 29, 2005); • Stainless Steel Plate in Coils from Belgium, DOC Case No. A-423-808, 70 FR 72789 (December 7, 2005); • Stainless Steel Sheet and Strip in Coils from Germany, DOC Case No. A-428-825, 70 FR 73729 (December 13, 2005); • Steel Concrete Reinforcing Bars from Latvia, DOC Case No. A-449-804, 71 FR 7016 (February 10, 2006); • Stainless Steel Bar from France, DOC Case No. A-427-820, 71 FR 30873 (May 31 2006); • Ball Bearings and parts thereof from France, DOC Case No. A-427-801, 71 FR 40064 (July 14, 2006); • Ball Bearings and parts thereof from Germany, DOC Case No. A-428-801, 71 FR 40064 (July 14, 2006); • Ball Bearings and parts thereof from Italy, DOC Case No. A-475-801, 71 FR 40064 (July 14, 2006); • Steel Concrete Reinforcing Bars from Latvia, DOC Case No. A-449-804, 71 FR 45031 (August 8, 2006); • Stainless Steel Sheet and Strip in Coils from Italy, DOC Case No. A-475-824, 70 FR 7472 (February 14, 2005), amended 70 FR 13009 (March 17, 2005); • Stainless Steel Sheet and Strip in Coils from Germany, DOC Case No. A-428-825, 71 FR 45024 (August 8, 2006); and 5. The final results of the sunset review in the following proceeding: • Brass Sheet and Strip from Germany, DOC Case No. A-428-602, ITC Case No. 731-TA-317. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit their comments either

(i)electronically, to *FR0702@ustr.eop.gov,* Attn: “EC Zeroing II (DS350)” in the subject line, or

(ii)by fax to Sandy McKinzy at

(202)395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. USTR encourages the submission of documents in Adobe PDF format, as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—

(1)Must clearly so designate the information or advice;

(2)Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of the cover page and each succeeding page; and

(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel, and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket No. WT/DS-350, EC Zeroing II) may be made by calling the USTR Reading Room at

(202)395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E6-17988 Filed 10-26-06; 8:45 am] BILLING CODE 3190-W7-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27521; 812-13191] Investment Technology Group, Inc.; Notice of Application October 23, 2006. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of application for a permanent order under section 9(c) of the Investment Company Act of 1940 (the “Act”). SUMMARY: Applicant requests an exemption from section 9(a) of the Act with respect to a securities-related injunction entered in 1987. *Applicant:* Investment Technology Group, Inc. (“ITG”). *Filing Dates:* The application was filed on May 24, 2005 and amended on June 23, 2006. *Hearing or Notification of Hearing:* Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on November 17, 2006 and should be accompanied by proof of service on applicants in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. An order granting the application will be issued unless the Commission orders a hearing. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicant, 380 Madison Avenue, 4th Floor, New York, NY 10017. FOR FURTHER INFORMATION CONTACT: Emerson Davis, Sr., Senior Counsel, or Stacy L. Fuller, Branch Chief, at

(202)551-6821, Division of Investment Management, Office of Investment Company Regulation. SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application is available for a fee from the Commission's Public Reference Branch, 100 F Street, NE., Washington, DC 20549-1580 (202-551-8090). Applicant's Representations 1. ITG, a Delaware corporation, provides electronic execution, technology-based equity trading, and research services to a number of large institutional clients. ITG began operations in 1987 as a division of Jefferies & Company, Inc. (“Jefferies Broker-Dealer”), a broker-dealer registered under the Securities Exchange Act of 1934 (“1934 Act”) and a wholly owned subsidiary of Jefferies Group, Inc. (“Jefferies Group”). In 1991, ITG was incorporated separately as a wholly owned subsidiary of Jefferies Group. In 1994, ITG made an initial public offering of its common stock, with Jefferies Group continuing to own approximately 80% of ITG's outstanding common stock. In 1999, Jefferies Group transferred all of its assets and liabilities relating to its full-service brokerage and investment banking business, including Jefferies Broker-Dealer (and not including ITG, which remained as Jefferies Group's sole asset), to a new corporation (“New Jefferies Group”), and distributed shares of New Jefferies Group to Jefferies Group's shareholders. Jefferies Group then merged with and was renamed ITG. New Jefferies Group and ITG are not affiliated persons within the meaning of the Act. The Chairman of the Board, President and Chief Executive Officer of ITG, Mr. Raymond L. Killian, was an Executive Vice President of Jefferies Group at the time of, but was not involved in the conduct underlying, the 1987 Injunction, as defined below. 2. On March 19, 1987, the United States District Court for the Southern District of New York entered a permanent injunction against Mr. Boyd L. Jefferies (“Mr. Jefferies”), Jefferies Broker-Dealer, and Jefferies Group, prohibiting them from violating, or aiding and abetting violations of, certain provisions of the 1934 Act (“1987 Injunction”). 1 The violations involved manipulating the market in certain securities and engaging in “parking” during the period 1985-86. The Commission also instituted and settled administrative proceedings against Mr. Jefferies and Jefferies Broker-Dealer. 2 1 *Securities and Exchange Commission* v. *Boyd L. Jefferies,* *et al.* , Litigation Release No. 11370 (March 19, 1987). 2 In the Matter of Jefferies & Company, Inc. and Boyd L. Jefferies, Exchange Act Release No. 24231 (March 19, 1987). Applicant's Legal Analysis 1. Section 9(a) of the Act, in relevant part, prohibits any person who has been enjoined from engaging in or continuing any conduct or practice in connection with the purchase or sale of a security, and any other company of which the person is or hereafter becomes an affiliated person, from acting, among other things, as a principal underwriter or investment adviser for registered investment companies (“funds”). Applicant states that the 1987 Injunction prohibits it from serving funds in the manner described in section 9(a). Applicant further states that, although it has not served and does not serve in any such capacity with respect to any fund, as a financial services company, applicant in the future may determine to become an investment adviser or principal underwriter to funds, or an affiliated person of such an adviser or underwriter. 2. Section 9(c) of the Act provides that the Commission shall grant an application for an exemption from the disqualification provisions of section 9(a) if it is established that these provisions, as applied to the applicant, are unduly or disproportionately severe or that the conduct of applicant has been such as not to make it against the public interest or the protection of investors to grant the application. Applicant seeks an order under section 9(c) with respect to the 1987 Injunction. Applicant acknowledges that any such order will not extend to New Jefferies Group, or any person of which New Jefferies Group is or becomes an affiliated person. Applicant states that Mr. Jefferies died in 2001. 3. Applicant states that the prohibitions of section 9(a) as applied to it would be unduly and disproportionately severe. Applicant states that none of the persons involved in the conduct underlying the 1987 Injunction was or is a director, officer, or employee of ITG. Applicant also states that it has not been the subject of any other injunction or any disciplinary proceeding brought by the Commission, any state securities regulator, or any self-regulatory organization. Applicant further states that New Jefferies Group has no ownership interest in ITG, ITG has no ownership interest in New Jefferies Group, and the two entities are independent enterprises. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E6-17997 Filed 10-26-06; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of October 30, 2006: A Closed Meeting will be held on Thursday, November 2, 2006 at 2 p.m. Commissioners, Counsels to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B) and

(10)and 17 CFR 200.402(a) (3), (5), (7), (9)(ii), and

(10)permit consideration of the scheduled matters at the Closed Meeting. Commissioner Casey, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matters of the Closed Meeting scheduled for Thursday, November 2, 2006 will be: formal orders of investigation; institution and settlement of injunctive actions; institution and settlement of administrative proceedings of an enforcement nature; adjudicatory matters; and other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. Dated: October 25, 2006. Nancy M. Morris, Secretary. [FR Doc. 06-8963 Filed 10-25-06; 3:44 pm]

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U.S. Code