Notices. Notice

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BILLING CODE 4410-15-M DEPARTMENT OF LABOR Office of the Secretary No Fear Act Notice AGENCY: Office of the Secretary, Labor. ACTION: Notice. SUMMARY: The U.S. Department of Labor

(DOL)is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under Federal antidiscrimination and whistleblower protection laws. This notice fulfills DOL's notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), as implemented by Office of Personnel Management

(OPM)regulations. FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave., NW., Room N-4123, Washington, DC 20210, *CivilRightsCenter@dol.gov* ,

(202)693-6500 (VOICE) or

(202)693-6515,

(800)326-2577 (TTY/TDD). No Fear Act Notice On May 15, 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” which is now known as the No FEAR Act. One purpose of the Act is to “require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.” Public Law 107-174, Summary. In support of this purpose, Congress found that “agencies cannot be run effectively if those agencies practice or tolerate discrimination.” Public Law 107-174, Title I, General Provisions, section 101(1). The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws. Antidiscrimination Laws A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity

(EEO)counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g., 29 CFR part 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission

(EEOC)within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel

(OSC)(see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a complaint or grievance through your agency's administrative or negotiated grievance procedures, if such procedures are available and apply. Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC-11) with the U.S. Office of Special Counsel at 1730 M Street, NW., Suite 218, Washington, DC 20036-4505, or online through the OSC Web site, *http://www.osc.gov.* Retaliation for Engaging in Protected Activity A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections of this Notice, or, if applicable, the administrative or negotiated grievance procedures, in order to pursue any legal remedy. Disciplinary Actions Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for discriminatory or retaliatory conduct, or other conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and retaliation laws. Possible disciplinary actions range up to and include removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination. Additional Information For further information regarding the No FEAR Act regulations, refer to 5 CFR part 724, or you may contact DOL's Civil Rights Center: U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, Civil Rights Center, Room N-4123, 200 Constitution Ave., NW., Washington, DC 20210, 202/693-6500 (voice), 202/693-6516 (TTY), *http://www.dol.gov/oasam/programs/crc/crcwelcome.htm, civilrightscenter@dol.gov.* Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site, *http://www.eeoc.gov* , and the OSC Web site, *http://www.osc.gov.* Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice creates, expands or reduces any rights otherwise available to any employee, former employee or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d). Edward C. Hugler, Deputy Assistant Secretary for Administration and Management. [FR Doc. E6-19584 Filed 11-17-06; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Claim for Reimbursement-Assisted Reemployment (CA-2231). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before January 19, 2007. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone

(202)693-0418, fax

(202)693-1451, *e-mail bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION I. *Background:* The Office of Workers' Compensation Programs

(OWCP)administers the Federal Employees' Compensation Act

(FECA)5 U.S.C. 8101 and Section 8104a of the FECA provides vocational rehabilitation services to eligible injured workers to facilitate their return to work. The costs of providing these vocational rehabilitation services are from the Employees' Compensation Fund. Annual appropriations language currently in Public Law 109-289 provides OWCP with the legal authority to use the amounts from the Fund to reimburse private sector employers for a portion of the salary of reemployed disabled Federal workers they have hired through OWCP's assisted reemployment program. The information collected on Form CA-2231 provides OWCP with the necessary remittance information for the employer, documents the hours of work, certifies the payment of wages to the claimant for which reimbursement is sought, and summarizes the nature and costs of the wage reimbursement program for a prompt decision by OWCP. This information collection is currently approved for use through June 30, 2007. II. *Review Focus:* The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • enhance the quality, utility and clarity of the information to be collected; and • minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. *Current Actions:* The Department of Labor seeks the extension of approval to collect this information to ensure timely and accurate payments to eligible employers for reimbursement claims. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Claim for Reimbursement-Assisted Reemployment. *OMB Number:* 1215-0178 *Agency Number:* CA-2231 *Affected Public:* Business or other for-profit, Not-for-profit institutions. *Total Respondents:* 20. *Total Annual Responses:* 80. *Average Time per Response:* 30 minutes. *Estimated Total Burden Hours:* 40. *Frequency:* Quarterly. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $34.00. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: November 15, 2006. Hazel Bell, Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning Employment Standards Administration. [FR Doc. E6-19566 Filed 11-17-06; 8:45 am] BILLING CODE 4510-27-P DEPARTMENT OF LABOR Bureau of Labor Statistics Federal Economic Statistics Advisory Committee; Notice of Open Meeting and Agenda The eleventh meeting of the Federal Economic Statistics Advisory Committee will be held on December 15, 2006 in the Postal Square Building, 2 Massachusetts Avenue, NE., Washington, DC. The Federal Economic Statistics Advisory Committee is a technical committee composed of economists, statisticians, and behavioral scientists who are recognized for their attainments and objectivity in their respective fields. Committee members are called upon to analyze issues involved in producing Federal economic statistics and recommend practices that will lead to optimum efficiency, effectiveness, and cooperation among the Department of Labor, Bureau of Labor Statistics and the Department of Commerce, Bureau of Economic Analysis and Bureau of the Census. The meeting will be held in Meeting Rooms 1 and 2 of the Postal Square Building Conference Center. The schedule and agenda for the meeting are as follows: 9 a.m. Opening session. 9 a.m. New Data Collection Methods. 1 p.m. Business Lists Comparisons. 2:45 p.m. Priorities for future meetings. 3:15 p.m. Disability Questions in the Current Population Survey and the American Community Survey. 4:45 p.m. Conclude (approximate time). The meeting is open to the public. Any questions concerning the meeting should be directed to Margaret Johnson, Federal Economic Statistics Advisory Committee, on Area Code

(202)691-5600. Individuals with disabilities, who need special accommodations, should contact Ms. Johnson at least two days prior to the meeting date. Signed at Washington, DC, November 17, 2006. Philip L. Rones, Acting Commissioner of Labor Statistics. [FR Doc. E6-19523 Filed 11-17-06; 8:45 am] BILLING CODE 4510-24-P MERIT SYSTEMS PROTECTION BOARD Agency Information Collection Activities; Proposed Collection AGENCY: Merit Systems Protection Board (MSPB). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501), this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request for a new collection. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: MSPB has submitted an ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 12, 2006 ( **Federal Register** , Volume 71, Number 176, page 53712-53713), MSPB sought comments on this ICR pursuant to 5 CFR 1320.8(d). MSPB received no comments. Additional comments should be submitted on or before December 18, 2006 to OMB (Brenda Aguilar at *baguilar@omb.eop.gov* or fax

(202)395-6974). ADDRESSES: You may also submit comments to MSPB via any of the following methods: *E-mail: mspb.study@mspb.gov.* Include “Employee Surveys” in the subject line of the message. *Fax:*

(202)653-7211. *Mail:* Cynthia Ferentinos, U.S. Merit Systems Protection Board, Suite 500, 1615 M St., NW., Washington, DC 20419. FOR FURTHER INFORMATION CONTACT: For information on the survey questions, contact Cynthia Ferentinos by phone on 202-653-6772, ext. 1334, by fax on 202-653-7211, or by e-mail at *cynthia.ferentinos@mspb.gov.* You may contact Ms. Ferentinos V/TDD at 1-800-877-8339. SUPPLEMENTARY INFORMATION: *Proposed Project:* “Career Advancement Survey of Federal Employees” As part of its purpose, MSPB is responsible for conducting studies of the Federal civil service to ensure that all Federal government agencies follow merit systems practices and avoid prohibited personnel practices. To support this research agenda, MSPB periodically conducts surveys of samples of Federal employees. To obtain insight into the current perspectives, MSPB requests approval to conduct additional surveys over the next three years. The content of these surveys will focus on the career progression strategies utilized by Federal employees. In particular, we will examine if advancement techniques vary between groups of employees and evaluate the outcomes associated with each approach. We also plan to identify perceptions held by employees regarding discrimination and strategies that may have been used to overcome this potential barrier. In addition to the primary survey which is designed to cover all employees, we may also design a limited number of more narrowly focused surveys, which address issues unique to subpopulations of Federal employees ( *e.g.* , people with disabilities). *Burden Statement:* The annual public reporting and record keeping burden for this collection of information is estimated to average 0.5 hours per respondent. *Respondents/Affected Entities:* Participants are selected via stratified random sampling to facilitate a representative sample of Federal employees. *Estimated Number of Respondents:* 46,000. *Frequency of Response:* Once. *Estimated Total Annual Hour Burden:* 23,000. Dated: November 14, 2006. Matthew Shannon, Deputy Clerk of the Board. [FR Doc. E6-19521 Filed 11-17-06; 8:45 am] BILLING CODE 7401-01-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (06-084)] Notice of Intent To Grant Exclusive License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of intent to grant 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 an exclusive license in the United States and foreign countries to practice the inventions described and claimed in “Embedded Carbon Nanotube Array as High Performance Thermal Conductors” ARC-15173-1 and “System And Method using Self-Assembled Nano Structures in the Design and Fabrication of an Integrated Circuit Micro-Cooler” ARC-15832-1 to Nanoconduction, Inc., having its principal place of business in Sunnyvale, CA. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective 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 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 exclusive license may be submitted to Patent Counsel, Office of Chief Counsel, NASA Ames Research Center, MS 202A-4, Moffett Field, CA 94035-1000,

(650)604-5104; Fax

(650)604-2767. FOR FURTHER INFORMATION CONTACT: Robert M. Padilla, Chief Patent Counsel, Office of Chief Counsel, NASA Ames Research Center, MS 202A-4, Moffett Field, CA 94035-1000,

(650)604-5104; Fax

(650)604-2767. Information about other NASA inventions available for licensing can be found online at *http://techtracs.nasa.gov.* Dated: November 9, 2006. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E6-19510 Filed 11-17-06; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-259] Tennessee Valley Authority; 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-33 issued to the Tennessee Valley Authority

(TVA)for operation of the Browns Ferry Nuclear Plant (BFN), Unit 1 located in Limestone County, Alabama. The proposed amendment would delete the Technical Specification

(TS)Surveillance Requirement

(SR)to verify the position of a low pressure coolant injection

(LPCI)crosstie valve. 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. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 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 Technical Specification change involve a significant increase in the probability or consequences of an accident previously evaluated? *Response:* No. This TS change is administrative in nature, since it deletes the surveillance requirement (SR 3.5.1.4) to periodically verify the position of a valve which has now been physically removed from Unit 1. Originally, BFN's LPCI design included the capability for the redundant LPCI loop discharge piping to be cross-tied; however, subsequent analysis determined that the crosstie capability, under certain accident and single-failure scenarios, could result in the loss of injection from both LPCI loops. This analysis also determined that the crosstie capability was not required for the mitigation of any design basis events. Accordingly, since certain crosstie failure modes could prevent mitigation of these or other events, TVA modified the plant design to eliminate the crosstie capability. This was accomplished by closing and deenergizing the motor-operated isolation valve that existed in the crosstie flow path and adding an SR to require periodic verification that the valve was closed and deenergized. The modified Unit 1 configuration [ *i.e.* , LPCI loop discharge crosstie valve removed and the associated remaining piping capped or closed with a blind flange] eliminates the possibility of an undesired flow path. Additionally, the Seismic Class I qualification and the ASME Section XI classification of the remaining piping in the new plant configuration are equivalent to the replaced line configuration. Accordingly, the TS change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed Technical Specification change create the possibility of a new or different kind of accident from any accident previously evaluated? *Response:* No. The physical modification eliminating the LPCI loop discharge crosstie capability does not require revision of the safety analyses. In addition, since the LPCI loop crosstie valve has been physically removed from the system and the associated lines capped or closed via blind flange, the possibility for inadvertent flow between the LPCI loops has been eliminated. Removing the valve and capping/flanging the remaining piping is an improvement over the old configuration. The LPCI function will be accomplished in the same way as before the modification, and no new failure modes have been introduced. 3. Does the proposed Technical Specification change involve a significant reduction in a margin of safety? *Response:* No. This TS changes does not involve a reduction in the margin of safety since removal of the LPCI loop cross tie valve eliminates the possibility of flow between the two LPCI loops, and it obviates the need for valve position verification contained in the SR. In addition, since removing the valve and capping/flanging the residual piping meets the intent of the SR, the safety analysis remains unchanged. 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 30 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 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after 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 (PDR), 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” 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 O1F21, 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 requestors/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 is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include 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 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 the General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902, attorney for the licensee. For further details with respect to this action, see the application for amendment dated November 9, 2006, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public 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/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 14th day of November 2006. For the Nuclear Regulatory Commission. Margaret H. Chernoff, Project Manager, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-19569 Filed 11-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION In the Matter of All Panoramic and Underwater Irradiators Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies) Byproduct Material in the Form of Sealed Sources; Order Imposing Compensatory Measures (Effective Immediately) [EA 06-251] I The Licensees identified in Attachment 1 to this Order hold licenses issued in accordance with the Atomic Energy Act of 1954 and 10 CFR part 36 or comparable Agreement State regulations by the U.S. Nuclear Regulatory Commission (NRC or Commission) or an Agreement State 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 under water. Commission regulations at 10 CFR 20.1801 or equivalent Agreement State regulations, require Licensees to secure, from unauthorized removal or access, licensed materials that are stored in controlled or unrestricted areas. Commission regulations at 10 CFR 20.1802 or equivalent Agreement States regulations, require Licensees to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. II On September 11, 2001, terrorists simultaneously attacked targets in New York, N.Y., and Washington, DC, utilizing large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its Licensees in order to strengthen Licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. The Commission has also communicated with other Federal, State and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and license requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain compensatory measures are required to be implemented by Licensees as prudent, measures to address the current threat environment. Therefore, the Commission is imposing the requirements, as set forth in Attachment 2 on all Licensees identified in Attachment 1 of this Order 1 who currently possess, or have near term plans to possess, greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. 1 Attachment 1 contains OFFICIAL USE ONLY—Security Related Information sensitive information and Attachment 2 contains SAFEGUARDS INFORMATION and will not be released to the public. The Commission recognizes that Licensees may have already initiated many measures set forth in Attachment 2 to this Order in response to previously issued advisories or on their own. It is also recognized that some measures may not be possible or necessary at some sites, or may need to be tailored to accommodate the Licensees' specific circumstances to achieve the intended objectives and avoid any unforeseen effect on the safe use and storage of the sealed sources. Although the additional security measures implemented by the Licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that the security measures must be embodied in an Order consistent with the established regulatory framework. The security measures contained in Attachment 2 of this Order contain safeguards information and will not be released to the public. The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of safeguards information. Section 147 of the Atomic Energy Act of 1954, as amended, grants the Commission explicit authority to “issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information. * * *” This authority extends to information concerning special nuclear material, source material, and byproduct material, as well as production and utilization facilities. Licensees must ensure proper handling and protection of safeguards information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of safeguards information contained in Attachment 2 to the Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-06-241). The Commission hereby provides notice that it intends to treat all violations of the requirements contained in Attachment 2 to the Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-06-241), applicable to the handling and unauthorized disclosure of safeguards information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to safeguards information is limited to those persons who have established a need-to-know the information, are considered to be trustworthy and reliable, have been fingerprinted and undergone a Federal Bureau of Investigation

(FBI)identification and criminal history records check. A need to know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient's access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. In order to provide assurance that the Licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, all Licensees who hold licenses issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing possession greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources in a panoramic or underwater irradiator shall implement the requirements identified in Attachment 2 to this Order. 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, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 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 of this order as follows:* A. The licensees shall, notwithstanding the provisions of any Commission or Agreement State regulation or license to the contrary, comply with the requirements described in Attachment 2 to this Order. The licensee shall immediately start implementation of the requirements in Attachment 2 to the Order and shall complete implementation by May 8, 2007, or the first day that greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources is possessed, which ever is later. B.1. The Licensee shall, within twenty

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

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

(2)if compliance with any of the requirements is unnecessary in its specific circumstances, or

(3)if implementation of any of the requirements would cause the Licensee to be in violation of the provisions of any Commission or Agreement State regulation or its license. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. B.2. If the Licensee considers that implementation of any of the requirements described in Attachment 2 to this Order would adversely impact safe operation of the facility, the Licensee must notify the Commission, within twenty

(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 2 requirement in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, the Licensee must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C.1. The Licensee shall, within twenty

(20)days of the date of this Order, submit to the Commission a schedule for completion of each requirement described in Attachment 2. C.2. The Licensee shall report to the Commission when they have achieved full compliance with the requirements described in Attachment 2. D. Notwithstanding any provisions of the Commission's or Agreement State's regulations to the contrary, all measures implemented or actions taken in response to this order shall be maintained until the Commission determines otherwise. Licensee response to Conditions B.1, B.2, C.1, and C.2 above 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 submittals that contain specific physical protection or security information considered to be safeguards information shall be put in a separate enclosure or attachment and, marked as “SAFEGUARDS INFORMATION—MODIFIED HANDLING” and mailed (no electronic transmittals i.e., no e-mail or FAX) to the NRC in accordance with Attachment 2 to the Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-06-241). 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 by the Licensee of good cause. 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 of the Commission, 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 disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel 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 interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). 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 specified in Section III above 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 specified 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: November 9, 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1: List of Licensees Redacted. Attachment 2: Compensatory Measures for Panoramic and Underwater Irradiator Licensees Redacted. [FR Doc. E6-19570 Filed 11-17-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Date: Weeks of November 20, 27, December 4, 11, 18, 25, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and closed. Matters To Be Considered Week of November 20, 2006 There are no meetings scheduled for the Week of November 20, 2006. Week of November 27, 2006—Tentative Thursday, November 30, 2006 12:55 p.m. Affirmation Session (Public Meeting) (Tentative), a. Hydro Resources, Inc. (Crownpoint, NM) Intervenors' Petition for Review of LBP-06-19 (Final Partial Initial Decision—NEPA Issues) (Tentative). Week of December 4, 2006—Tentative Thursday, December 7, 2006 9:30 a.m. Discussion of Management Issues (Closed—Ex. 2). Week of December 11, 2006—Tentative Monday, December 11, 2006 1:30 p.m. Briefing on Status of Decommissioning Activities (Public Meeting) (Contact: Keith McConnell, 301-415-7295). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* Tuesday, December 12, 2006 9:30 a.m. Briefing on Threat Environment Assessment (Closed—Ex. 1) 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Wednesday, December 13, 2006 9:30 a.m. Briefing on Status of Equal Employment Opportunity

(EEO)Programs (Public Meeting) (Contact: Barbara Williams, 301-415-7388). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* Thursday, December 14, 2006 9:30 a.m. Meeting with Advisory Committee on Nuclear Waste

(ACNW)(Public Meeting) (Contact: John Larkins, 301-415-7360). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of December 18, 2006—Tentative There are no meetings scheduled for the Week of December 18, 2006. Week of December 25, 2006—Tentative There are no meetings scheduled for the Week of December 25, 2006. *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—301-415-1292. Contact person for more information: Michelle Schroll, 301-415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041,TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: November 14, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-9292 Filed 11-16-06; 10:17 am]

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