Notices. Closure of a portion of a Commission hearing
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/register/2007/01/19/07-229A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4312-52-M INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-706 (Second Review)] In the Matter of Canned Pineapple Fruit from Thailand; Notice of Commission Determination To Conduct a Portion of the Hearing In Camera AGENCY: U.S. International Trade Commission. ACTION: Closure of a portion of a Commission hearing. SUMMARY: Upon the timely, joint request of respondents, the Commission has determined to conduct a portion of its hearing in the above-captioned investigation scheduled for January 18, 2007, *in camera.* See Commission rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)).
The remainder of the hearing will be open to the public. FOR FURTHER INFORMATION CONTACT: Gracemary R. Roth-Roffy, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone 202-205-3106. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Commission's TDD terminal on 202-205-1810. SUPPLEMENTARY INFORMATION: The Commission believes that Thai Pineapple Canning Industry Corp.; Malee Sampran Public Co., Ltd.;
The Siam Agro Industry Pineapples and Others Public Co., Ltd.; Pranburi Hotei Co., Ltd.; Siam Fruit Canning
(1988)Co., Ltd.; and Great Oriental Food Products and Other Fruits, Co. Ltd. (“Thai Respondents”) have justified the need for a closed session. Thai Respondents seek a closed session to allow for a discussion of business proprietary information (“BPI”) regarding the sole domestic producer's financial and production operations as well as data relating to subject imports from Thailand. In making this decision, the Commission nevertheless reaffirms its belief that whenever possible its business should be conducted in public. The hearing will include the usual public presentations by petitioner and by respondents, with questions from the Commission. In addition, the hearing will include a 10-minute *in camera* session for a confidential presentation by Thai Respondents. Each session will be followed by an *in camera* rebuttal presentation by petitioner and questions from the Commission relating to the BPI. During the *in camera* session the room will be cleared of all persons except those who have been granted access to BPI under a Commission administrative protective order
(APO)and are included on the Commission's APO service list in this investigation. See 19 CFR 201.35(b). The time for the parties' presentations and rebuttals in the *in camera* session will be taken from their respective overall allotments for the hearing. All persons planning to attend the *in camera* portions of the hearing should be prepared to present proper identification. Authority: The General Counsel has certified, pursuant to Commission Rule 201.39 (19 CFR 201.39) that, in his opinion, a portion of the Commission's hearing in *Canned Pineapple Fruit from Thailand* , Inv. Nos. 731-TA-706 (Second Review), may be closed to the public to prevent the disclosure of BPI. Issued: January 16, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-718 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 731-TA-739 (Second Review)] Clad Steel Plate From Japan AGENCY: United States International Trade Commission. ACTION: Scheduling of an expedited five-year review concerning the antidumping duty order on clad steel plate from Japan. SUMMARY: The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on clad steel plate from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: January 5, 2007. FOR FURTHER INFORMATION CONTACT: Eric Land (202-205-3349), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov).* The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* On January 5, 2007, the Commission determined that the domestic group response to its notice of institution (71 FR 57996, October 2, 2006) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review. 1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act. 2 1 A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's web site. 2 Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. *Staff report.* A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on February 1, 2007, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules. *Written submissions.* As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution, 3 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before February 6, 2007, and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by February 6, 2007. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). 3 The Commission has found the responses submitted by the domestic interested party Mittal Steel USA, Inc., to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. Issued: January 12, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-669 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-590] In the Matter of Certain Coupler Devices For Power Supply Facilities, Components Thereof, and Products Containing Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 13, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Topower Computer Industrial, Co., Ltd. of Taiwan. A letter supplementing the Complaint was filed on January 9, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain coupler devices for power supply facilities, components thereof, and products containing same by reason of infringement of U.S. Patent No. 6,935,902. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent general exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2574. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2006). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on January 10, 2007, *ordered that* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain coupler devices for power supply facilities, components thereof, and products containing same by reason of infringement of one or more of claims 1-14 of U.S. Patent No. 6,935,902, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is— Topower Computer Industrial Co., Ltd., 7F, No. 7, Lane 235, Pao Chiao Road, Xindian City, Taipei Hsien, Taiwan.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Xion/Axpertec Inc., 201 Lemon Creek Drive No. B, Walnut, CA 91789. Thermaltake Technology, Inc., USA, 525 Parriott Place, City of Industry, CA 91745. Thermaltake Technology Co., Ltd., Taiwan, 8F., No. 27, Lane 155, Sec. 3, Peishen Rd., Saen Keng, Hsiang, Taipei Hsien, Taiwan. Aspire/Apevia Int'l Corp., 21490 Ferrero Pkwy., City of Industry, CA 91789. MGE Company, USA, 18235 Valley Boulevard, City of Industry, CA 91744. Raidcom Technology Inc., Corporation, 15339 E. Don Julian Rd., City of Industry, CA 91745. Codegen Technology Co., Ltd., 581 Yorbita Road, City of Industry, CA 91748. Leadman Electronic Co., Ltd., 891 S. Azusa Ave. B-6, City of Industry, CA 91748. Hipro Electronics Co., Ltd., 19937 Harrison Avenue, City of Industry, CA 91789. Cooler Master Inc., USA, 1951 S. Parco Ave. Unit A, Ontario, CA 91761. Cooler Master Co., Ltd., Taiwan, 9F, No. 782, Chung-Cheng Rd., Chung-Ho City, Taipei Hsien, Taiwan. Broadway Com Corp., 18715 E. Harrison Avenue, City of Industry, CA 91789. JPAC Computer, Inc., 14422 Valley Blvd., City of Industry, CA 91746. Silent Power Electronics, GmbH, Mühlenstr. 123, 41352 Korschenbroich, Germany. Linkworld Electronics Corporation, 670 Endeavor Circle, Brea, CA 92821. Acbel Polytech Inc., 251 Dominion Dr., Suite 103, Morrisville, NC 27560. HEC Group, Compucase Enterprise, USA, 16720 Chestnut Street, Unit C, City of Industry, CA 91748. HEC Group, Compucase Enterprise, Taiwan, No. 225, Lane 54, An-Ho Rd, Sec. 2, Tainan, Taiwan. Atrix Inc., 9680 Flair Drive, El Monte, CA 91731. ASYS, 19941 Harrison Avenue, City of Industry, CA 91789. Logisys Computer Inc., 1962 West Holt Avenue, Pomona, CA 91768. Best Buy Enterprise Services, Inc., B6 7601 Penn Avenue, South Richfield, MN 55423. Sunbeam Company, 15339 Don Julian Rd., City of Industry, CA 91745. Sirtec International Co., Ltd., 2430 N. Glassell St., #F, Orange, CA 92865. Enhance Electronics, 13100 Alondra Boulevard, Unit 106, Cerritos, CA 90701. Super Flower Computer Inc., 7 Fl. No. 649-1, Chung-Cheng Rd., Hsinchuang City, Taipei Hsien, Taiwan. Taiwan Youngyear Electronics Co., Ltd., 113, Lin Sen Rd., Taoyuan, Taiwan. Sun Pro Electronics Co., Ltd., No. 46, Luwei Village, Sanzing Industrial Area, Quingxi Town, Dongguan City, Guangdon Province, China. Unitek Electronics Co., Ltd., HuiMingSheng Industrial Zone, FuYong Town, BaoAn, Shen Zhen, China. Shenzhen Chi Yuan Industrial Co., Ltd., Hang-Jia Industrial Park Xue-Xiang Village, Bu-Ji Town Shenzhen Guangdong 518129, China.
(c)The Commission investigative attorney, party to this investigation, is Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401-R, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: January 11, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-670 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-404-408 and 731-TA-898-908 (Review)] Hot-Rolled Steel Products From Argentina, China, India, Indonesia, Kazakhstan, Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine AGENCY: United States International Trade Commission. ACTION: Scheduling of full five-year reviews concerning the countervailing duty orders on hot-rolled steel products from Argentina, India, Indonesia, South Africa, and Thailand and the antidumping duty orders on hot-rolled steel products from Argentina, China, India, Indonesia, Kazakhstan, Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine. SUMMARY: The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty orders on hot-rolled steel products from Argentina, India, Indonesia, South Africa, and Thailand and the antidumping duty orders on hot-rolled steel products from Argentina, China, India, Indonesia, Kazakhstan, Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: January 11, 2007. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for these reviews may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background.* On November 6, 2006, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews pursuant to section 751(c)(5) of the Act should proceed (71 FR 67366, November 21, 2006). A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements are available from the Office of the Secretary and at the Commission's Web site. *Participation in the reviews and public service list.* Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission's notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and BPI service list.* Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission's notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Staff report.* The prehearing staff report in the reviews will be placed in the nonpublic record on August 29, 2007, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission's rules. *Hearing.* The Commission will hold a two-day hearing in connection with the reviews beginning at 9:30 a.m. on September 19 and 20, 2007, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 5, 2007, so that the Commission may determine the level of interest in the two days of hearings. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on September 14, 2007, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony *in camera* no later than 7 business days prior to the date of the hearing. *Written submissions.* Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission's rules; the deadline for filing is September 10, 2007. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission's rules. The deadline for filing posthearing briefs is October 2, 2007; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before October 2, 2007. On November 6, 2007, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before November 8, 2007, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: January 12, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-672 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-553] In the Matter of Certain NAND Flash Memory Devices and Products Containing Same; Notice of Commission Determination To Review a Final Determination of no Violation of Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on November 20, 2006, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5468. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 25, 2005, based on a complaint filed by Hynix Semiconductor Inc. of Korea; Hynix Semiconductor America Inc. of San Jose, California; and Hynix Semiconductor Manufacturing America Inc. of Eugene, Oregon (collectively, “Hynix”). The complaint, as supplemented and amended, alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain NAND flash memory devices and products containing the same by reason of infringement of various claims of United States Patent Nos. 5,509,995 and 5,869,404. On November 20, 2006, the presiding ALJ issued his final ID, finding no violation of section 337 by respondents Toshiba Corporation of Japan; Toshiba America Electronic Components, Inc. of Irvine, California; Toshiba America Information Systems, Inc. of Irvine, California; and Toshiba America Consumer Products, L.L.C. of Wayne, New Jersey (collectively, “Toshiba”). On December 4, 2006, the ALJ issued his recommended determination on remedy and bonding. On December 6, 2006, Hynix filed a petition for review, challenging the ALJ's ID. On the same day, Toshiba filed a conditional petition for review of the ALJ's ID. On December 14, 2006, Toshiba and the Commission investigative attorney each filed responses to Hynix's petition for review, and Hynix filed a response to Toshiba's conditional petition for review. Having examined the record of this investigation, including the ALJ's final ID and the submissions of the parties, the Commission has determined to review the final ID in its entirety. In connection with the final disposition of this investigation, the Commission may
(1)issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or
(2)issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see *In the Matter of Certain Devices for Connecting Computers via Telephone Lines,* Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on
(1)the public health and welfare,
(2)competitive conditions in the U.S. economy,
(3)U.S. production of articles that are like or directly competitive with those that are subject to investigation, and
(4)U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. *Written Submissions:* The Commission does not wish to receive further written submissions on the issue of violation. However, parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should be no more than twenty-five
(25)pages and should address the recommended determination by the ALJ on remedy and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission's consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on January 25, 2007. Reply submissions must be filed no later than the close of business on February 1, 2007. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42-46 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-210.46). Issued: January 11, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-673 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-365-366 and 731-TA-734-735 (Second Review)] Certain Pasta From Italy and Turkey AGENCY: United States International Trade Commission. ACTION: Notice of Commission determinations to conduct full five-year reviews concerning the countervailing and antidumping duty orders on certain pasta from Italy and Turkey. SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the countervailing and antidumping duty orders on certain pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: January 5, 2007. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server *http://www.usitc.gov.* The public record for these reviews may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: On January 5, 2007, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (71 FR 57999, October 2, 2006) was adequate and that the respondent interested party group response with respect to Turkey was adequate and decided to conduct full reviews with respect to the antidumping and countervailing duty orders concerning certain pasta from Turkey. The Commission found that the respondent interested party group response with respect to Italy was inadequate. However, the Commission determined to conduct full reviews concerning the antidumping and countervailing duty orders on certain pasta from Italy to promote administrative efficiency in light of its decision to conduct full reviews with respect to the orders concerning certain pasta from Turkey. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. Issued: January 16, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-719 Filed 1-18-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request January 12, 2007. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employment Standards Administration (ESA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Notice of Issuance of Insurance Policy. *OMB Number:* 1215-0059. *Frequency:* On occasion. *Type of Response:* Reporting. *Affected Public:* Private sector: business or other for-profit. *Estimated Number of Respondents:* 4,000. *Estimated Number of Annual Responses:* 4,000. *Estimated Average Response Time:* 10 minutes. *Estimated Total Annual Burden Hours:* 667. *Total Estimated Annualized Capital/Startup Costs:* $0. *Total Estimated Annual Costs (operating/maintaining systems or purchasing services):* $1,880. *Description:* The Black Lung Benefits Act (the Act) as amended, and codified at 30 U.S.C. 933 requires that a responsible coal mine operator be insured and outlines the items each contract of insurance must contain. It also enumerates the civil penalties to which a responsible coal mine operator is subject, should these procedures not be followed. In addition, 20 CFR Part V, Subpart C, 726.208-.213 requires that each insurance carrier shall report to Division of Coal Mine Workers' Compensation (DCMWC) each policy and endorsement issued, cancelled, or renewed with respect to responsible operators. It states that this report will be made in such a manner and on such a form as DCMWC may require. It is also required that if a policy is issued or renewed for more than one operator, a separate report for each operator shall be submitted. The Form CM-921 is completed by the insurance carrier and forwarded to the Department for review. DCMWC staff reviews the completed CM-921 to identify those operators who have secured insurance for payment of black lung benefits as required by Section 423 of the Act. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Representative Fee Request. *OMB Number:* 1215-0078. *Frequency:* On occasion. *Type of Response:* Reporting. *Affected Public:* Private Sector: Business and other for-profit. *Estimated Number of Respondents:* 12,340. *Estimated Number of Annual Responses:* 12,340. *Estimated Average Response Time:* 30 minutes for Longshore filings and 1 hour for Federal Employees' Compensation Act filings. *Estimated Total Annual Burden Hours:* 7,675. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $17,401. *Description:* Individuals filing for compensation benefits with the Office of Workers' Compensation Programs
(OWCP)may be represented by an attorney or other representative. The representative is entitled to request a fee for services under 20 CFR 10.700-703 (Federal Employees' Compensation Act/FECA) and 20 CFR 702.132 (Longshore and Harbor Workers' Compensation Act). The fee must be approved by the OWCP before any demand for payment can be made by the representative. Under the FECA, the representative is required to submit for review any fees resulting from representing the claimant in filing for benefits. The program does not make payment, but reviews the fee request to ensure that it is consistent with services provided, and with customary local charges for similar services. Fee requests received have been used to approve attorney's fees, allowing the attorney to pursue payment of an appropriate amount from the claimant. If the fee requested is considered excessive, in view of the criteria outlined in the regulations, the fee approved would be reduced accordingly. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Pharmacy Billing Requirements. *OMB Number:* 1215-0194. *Frequency:* On occasion. *Type of Response:* Reporting. *Affected Public:* Private Sector: Business and other for-profit. *Estimated Number of Respondents:* 28,150. *Estimated Number of Annual Responses:* 1,463,792. *Estimated Average Response Time:* 5 minutes. *Estimated Total Annual Burden Hours:* 121,495. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The Office of Workers' Compensation Programs
(OWCP)is the agency responsible for administration of the Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 *et seq.* , the Black Lung Benefits Act (BLBA), 30 U.S.C. 901 *et seq.* , and the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. 7384 *et seq.* All three of these statutes require that OWCP pay for covered medical treatment provided to beneficiaries; this medical treatment can include medicinal drugs dispensed by pharmacies. In order to determine whether amounts billed for drugs are appropriate, OWCP must receive 19 data elements, including the name of the patient/beneficiary, the National Drug Code
(NDC)number of the drugs prescribed, the quantity provided, the prescription number and the date the prescription was filled. The regulations implementing these statutes require the collection of information needed to enable OWCP to determine if bills for drugs submitted directly by pharmacies, or as reimbursement requests submitted by claimants, should be paid. (20 CFR 10.801, 30.701, 725.701 and 725.705). There is no standardized paper form for submission of the billing information collected in this ICR. Over the past several years, the majority of pharmacy bills submitted to OWCP have been submitted electronically using one of the industry-wide standard formats for the electronic transmission of billing data through nationwide data clearinghouses devised by the National Council for Prescription Drug Programs (NCPDP). However, since some pharmacy bills are still submitted using a paper-based bill format, OWCP will continue to accept any of the many paper-based bill formats still used by some providers so long as they contain the data elements needed for processing the bill. None of the paper-based or electronic billing formats have been designed by or provided by OWCP; they are billing formats commonly accepted by other Federal programs and in the private health insurance industry for drugs. Nonetheless, the three programs (FECA, BLBA and EEOICPA) provide instructions for the submission of necessary pharmacy bill data elements in provider manuals distributed or made available to all pharmacies enrolled in the programs. The required data elements are used by OWCP and contractor bill processing staff to process paper and electronic bills for drugs dispensed by pharmacies. To enable OWCP and its contractor staff to consider the appropriateness of the requested payment in a timely fashion, it is essential that bill submissions include the data elements needed to evaluate the bill, such as the NDC number and the pharmacy's provider identification number. To do this, OWCP evaluates the same data elements that are commonly evaluated by other Federal agencies and private health insurance carriers. If all the billing data elements required by OWCP are not collected, the contractor staff cannot process the bill. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E7-678 Filed 1-18-07; 8:45 am] BILLING CODE 4510-CF-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Submission for OMB Review: Comment Request January 18, 2007. The National Endowment for the Arts
(NEA)has submitted the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 [Pub. L. 104-13, 44 U.S.C. Chapter 35]. Copies of this ICR, with applicable supporting documentation, may be obtained by contacting Tom Bradshaw via telephone at 202-682-5527 (this is not a toll-free number) or e-mail at *bradshwt@arts.endow.gov.* Individuals who use a telecommunications device for the deaf (TTY/TDD) may call 202-682-5496 between 10 a.m. and 4 p.m. Eastern time, Monday through Friday. Comments should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the National Endowment for the Arts, Office of Management and Budget, Room 10235, Washington, DC 20503 202-395-7316, within 30 days from the date of this publication in the **Federal Register** . The Office of Management and Budget
(OMB)is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology, *e.g.* , permitting electronic submissions of responses. *Agency:* National Endowment for the Arts. *Title:* 2008 Survey of Public Participation in the Arts. *OMB Number:* New. *Frequency:* One Time. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 20,000. *Estimated Time Per Respondent:* 10 minutes. *Total Burden Hours:* 3,333. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs (Operating/Maintaining Systems or Purchasing Services):* 0. *Description:* The National Endowment for the Arts proposes to conduct a national Survey of Public Participation in the Arts
(SPPA)as a supplement to the Census Bureau's Current Population Survey in May 2008. The survey will provide information on the extent to which the adult population participates in the arts. Responses will be analyzed to determine arts participation patterns and differences by population subgroup and geography and changes from prior SPPA's conducted in 1982, 1985, 1992, 1997, and 2002. The survey results and subsequent analyses will be used by arts administrators, researchers, and policymakers at the national, State, and local levels. ADDRESSES: Tom Bradshaw, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Room 616, Washington, DC 20506-0001, telephone 202-682-5527 (this is not a toll-free number), fax 202/682-5677. Murray Welsh, Director, Administrative Services, National Endowment for the Arts. [FR Doc. E7-724 Filed 1-18-07; 8:45 am] BILLING CODE 7537-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-298] Nebraska Public Power District; 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-46, issued to Nebraska Public Power District (the licensee), for operation of the Cooper Nuclear Station located in Nemaha County, Nebraska. The proposed amendment would revise the Cooper Nuclear Station Technical Specification
(TS)4.3.1.1.c by adding a new nominal center-to-center distance between fuel assemblies for the new storage racks, and would revise TS 4.3.3 by increasing the capacity of the spent fuel storage pool from 2,366 assemblies to 2,651 assemblies. 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 had provided its analysis of the no significant hazards consideration determination, which was presented in the Biweekly **Federal Register** Notice. The Biweekly **Federal Register** Notice—Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing, was published in **Federal Register** on December 5, 2006 (71 FR 70561). 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 O1F21, 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 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 basis for the contention and a concise statement of the alleged facts or expert opinion which support the requestor's/petitioner's position on the issue and on which the petitioner intends to rely at the hearing, together with references to those specific sources and documents of which the petitioner intends to rely at hearing. 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 and must raise issues material to the findings the NRC must make to support the action that is involved in the proceeding. 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 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 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 Mr. John C. McClure, Nebraska Public Power District, Post Office Box 499, Columbus, NE 63602-0499, attorney for the licensee. The Commission hereby provides notice that this is a proceeding on an application for a license amendment falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 10154. Under section 134 of the NWPA, in certain contested proceedings the Commission, at the request of any party to the proceeding, must provide an opportunity for oral argument with respect to “any matter which the Commission determines to be in controversy among the parties.” Section 134 provides for oral argument on matters in controversy, preceded by discovery under the Commission's rules and the designation, following argument of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be resolved in an adjudicatory hearing. Actual adjudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument. The Commission's rules implementing section 134 of the NWPA are found in 10 CFR Part 2, Subpart K, “Hybrid Hearing Procedures for Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power Reactors.” Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFR 2.1109. To be timely, the request must be filed together with a request for hearing/petition to intervene, filed in accordance with 10 CFR 2.309. If it is determined a hearing will be held, the presiding officer must grant a timely request for oral argument. The presiding officer may grant an untimely request for oral argument only upon a showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request. If the presiding officer grants a request for oral argument, any hearing held on the application must be conducted in accordance with the hybrid hearing procedures. In essence, those procedures limit the time available for discovery and require that an oral argument be held to determine whether any contentions must be resolved in an adjudicatory hearing. If no party to the proceeding timely requests oral argument, and if all untimely requests for oral argument are denied, then the usual procedures in 10 CFR Part 2, Subpart L apply. For further details with respect to this action, see the application for amendment dated October 17, 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 12th day of January, 2007. For the Nuclear Regulatory Commission. Carl F. Lyon, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-699 Filed 1-18-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Exemption From the Requirement for a Specific License To Import Radioactive Waste Pursuant to 10 CFR 110.70(C) “Public notice of receipt of an application,” please take notice that the Nuclear Regulatory Commission
(NRC)has received the following request for either a specific import license or an exemption from the requirement for a specific import license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room
(PERR)link *http://www.nrc.gov/NRC/ADAMS/index.html* at the NRC Homepage. The NRC intends to issue an exemption from the requirement for a specific license and authorize use of the NRC general license after determining that the import described below: • Is authorized by law; • Is not inimical to the common defense and security of the United States; and • Will not constitute an unreasonable risk to the public health and safety. 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. Information concerning the exemption from the requirement for a specific import license is as follows. NRC Exemption From the Requirement for a Specific Import License Name of applicant, Date of application, Date received, Application No., Docket No. Description of material Material type Total quantity End use Supplier AREVA NP Inc., October 31, 2006, November 7, 2006, IW020, 11005660 Packing materials from containers used to ship low enriched uranium dioxide powder to Canada as authorized by NRC export licenses The quantity and characteristics of packing materials returned will be consistent with those used for AREVA's exports to Canada The packing materials will be dispositioned as waste generated by AREVA in accordance with applicable U.S. requirements Zircatec Precision Industries, Canada. Dated this 10th day of January 2007 at Rockville, Maryland. For the Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E7-713 Filed 1-18-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of Forest Resources Management Corp.; Order of Suspension of Trading January 17, 2007. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Forest Resources Management Corp. (“Forest”) because of questions raised regarding the accuracy and adequacy of publicly disseminated information concerning, among other things, Forest's assets and Forest's announced contracts and agreements. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. *Therefore, it is ordered,* pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the above-listed company is suspended for the period from 9:30 a.m. EST, January 17, 2007, through 11:59 p.m. EST, on January 30, 2007. By the Commission. Nancy M. Morris, Secretary. [FR Doc. 07-229 Filed 1-17-07; 11:52 am]
Connectionstraces to 22
Traces to 22 documents
CFR
- Hearing.§ 207.24
- Notices to the public.§ 201.35
- General Counsel's certification of Commission action in closing a meeting or a series of meetings.§ 201.39
- Rulings on adequacy and nature of Commission review.§ 207.62
- Institution of investigation.§ 210.10
- The response.§ 210.13
- Service of process and other documents.§ 201.16
- Computation of time, additional hearings, postponements, continuances, and extensions of time.§ 210.6
- Fees for services.§ 702.132
- How are medical bills to be submitted?§ 10.801
- Notice for public comment; State consultation.§ 50.91
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Requests for oral argument.§ 2.1109
- Public notice of receipt of an application.§ 110.70
U.S. Code
- Administrative review of determinations§ 1675
- Unfair practices in import trade§ 1337
- Definitions; special rules§ 1677
- Duties of operators in States not qualifying under workmen’s compensation laws§ 933
- Definitions§ 8101
- Congressional findings and declaration of purpose; short title§ 901
- Findings; sense of Congress§ 7384
- Licensing of facility expansions and transshipments§ 10154
6 references not yet in our index
- 19 CFR 201
- 19 CFR 207
- 19 CFR 210.42-210
- Pub. L. 104-13
- 20 CFR 10.700-703
- 10 CFR 2
Citation graph
cites case law
Notices
Closure of a portion of a Commission hearing
Cite19 CFR 201
Cite19 CFR 207
Cite19 CFR 210.42-210
Cites 28 · showing 12Cited by 0 across 0 sources