Notices. Notice of Proposed Amendment to PTE 2006-06

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BILLING CODE 4410-15-M DEPARTMENT OF LABOR Employee Benefits Security Administration ZRIN 1210-ZA12 [Application Number D-11404] Proposed Amendment to Prohibited Transaction Exemption 2006-06 (PTE 2006-06) for Services Provided in Connection With the Termination of Abandoned Individual Account Plans AGENCY: Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Notice of Proposed Amendment to PTE 2006-06. SUMMARY: This document contains a notice of pendency before the Department of Labor (the Department) of a proposed amendment to PTE 2006-06, a prohibited transaction class exemption issued under the Employee Retirement Income Security Act of 1974 (ERISA).

Among other things, PTE 2006-06 permits a “qualified termination administrator”

(QTA)of an individual account plan that has been abandoned by its sponsoring employer to select itself to provide services to the plan in connection with the plan's termination, and to pay itself fees for those services. This amendment is being proposed in connection with the Department's amendment of regulations relating to the Termination of Abandoned Individual Account Plans at 29 CFR 2578.1, and the Safe Harbor for Distributions from Terminated Individual Account Plans at 29 CFR 2550.404a-3, which are being published simultaneously in this issue of the **Federal Register** . The Department's proposed amendment to PTE 2006-06 reflects changes, enacted as part of the Pension Protection Act of 2006, Pub. L. No. 109-280, to the Internal Revenue Code and would require, as a condition of relief under the class exemption, that benefits for a missing, designated nonspouse beneficiary be directly rolled over into an inherited individual retirement plan that fully complies with Code requirements. If adopted, the proposed amendment would affect plans, participants and beneficiaries of such plans and certain persons engaging in such transactions. DATES: Written comments and requests for a public hearing on the proposed amendment should be received by the Department on or before April 2, 2007. ADDRESSES: Comments (preferably, at least three copies) should be addressed to the Office of Exemption Determinations, Employee Benefits Security Administration, Room N-5700, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, *Attention:* PTE 2006-06 Amendment. Commenters are encouraged to submit responses electronically by e-mail to *e-OED@dol.gov* , or by using the Federal eRulemaking portal at *www.regulations.gov* . All responses will be available to the public at the Public Disclosure Room, Room N-1513, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, and online at *www.regulations.gov* and *www.dol.gov/ebsa* . FOR FURTHER INFORMATION CONTACT: Brian Buyniski, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor,

(202)693-8545 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Notice is hereby given of the pendency before the Department of a proposed amendment to PTE 2006-06 (71 FR 20856, April 21, 2006). PTE 2006-06, which was granted in connection with the Department's final regulation at 29 CFR 2578.1, relating to the Termination of Abandoned Individual Account Plans, the Department's final regulation at 29 CFR 2550.404a-3, relating to the Safe Harbor for Distributions from Terminated Individual Account Plans, and the Department's final regulation at 29 CFR 2520.103-13, relating to the Terminal Report for Abandoned Individual Account Plans, provides an exemption from the restrictions of section 406(a)(1)(A) through (D), section 406(b)(1) and (b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and from the taxes imposed by section 4975(a) and

(b)of the Internal Revenue Code of 1986 (the Code), by reason of section 4975(c)(1)(A) through

(E)of the Code. The Department is proposing the amendment on its own motion pursuant to section 408(a) of ERISA and section 4975(c)(2) of the Code, and in accordance with the procedures set forth in 29 CFR Part 2570, Subpart B (55 FR 32836, 32847, August 10, 1990). 1 The Department seeks to amend the class exemption to reflect amendments to the Code that were adopted by enactment of the Pension Protection Act of 2006. Among other things, section 829 of the Pension Protection Act amended Code section 402(c) to permit the direct rollover of a deceased plan participant's benefit from an eligible retirement plan to an individual retirement plan established for the designated nonspouse beneficiary of such participant. In this connection, the Department is amending the regulatory safe harbor to require that a deceased participant's benefits be directly rolled over to an inherited individual retirement plan established to receive a distribution on behalf of a missing, designated nonspouse beneficiary. Similarly, the Department has determined to propose an amendment to PTE 2006-06 to ensure conformity with the amended Abandoned Plan Regulations. 2 1 Section 102 of the Reorganization Plan No. 4 of 1978 (5 U.S.C. App. 1 [1996]) generally transferred the authority of the Secretary of the Treasury to issue administrative exemptions under section 4975 of the Code to the Secretary of Labor. 2 See in this issue of the **Federal Register** Amendments to Safe Harbor for Distributions from Terminated Individual Account Plans and Termination of Abandoned Individual Account Plans to Require Inherited Individual Retirement Plans for Missing Nonspouse Beneficiaries. The Department interprets the term “account” (other than an individual retirement plan) in section I(b)(1)(ii) and the term “other account” in section I(b)(3) and

(4)of PTE 2006-06 to include an “inherited individual retirement plan” as used in the amended regulatory safe harbor in the context of a distribution to a nonspouse beneficiary that does not qualify for small account treatment under the regulatory safe harbor. Consequently, the current exemption provides relief to a QTA that selects itself as the provider of an inherited individual retirement plan under the safe harbor. Nevertheless, to make clear that the exemption covers such a selection, the Department has published a proposed amendment to PTE 2006-06, and this issue of the **Federal Register** specifically addresses this matter. Executive Order 12866 Statement Under Executive Order 12866, the Department must determine whether a regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f) of the Executive Order, a “significant regulatory action” is an action that is likely to result in a rule:

(1)Having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as “economically significant”);

(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;

(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The Department has determined that this action is not economically significant within the meaning of section 3(f)(1) of the Executive Order. However, the Office of Management and Budget

(OMB)has determined that the action is significant within the meaning of section 3(f)(4) of the Executive Order, and the Department accordingly provides the following assessment of its potential costs and benefits. These proposed amendments to PTE 2006-06 are being published concurrently with the issuance of an interim final rule that amends regulations pertaining to distributions from terminated plans to take advantage of recent changes to the Code. As explained earlier in the preamble, when finalized, the proposed amendments will make explicit the availability to a QTA of conditional exemptive relief to designate itself or an affiliate as the provider of an inherited individual retirement plan for a nonspouse beneficiary who has not returned a distribution election. Allowing QTAs to use their own or affiliated investment products to receive the distributions on behalf of nonspouse beneficiaries who have failed to make investment decisions facilitates the orderly termination and winding-up of a plan's affairs. Further, QTAs are not required to make use of proprietary or affiliated inherited individual retirement plans for the benefit of nonspouse beneficiaries. The Department continues to believe that the fee limitations, which are a condition of the exemption and applicable to distributions on behalf of nonspouse beneficiaries as well as other distributions, will encourage QTAs to make appropriate decisions regarding whether to use proprietary or affiliated products based on whether doing so will be in the best interests of participants and beneficiaries. In the Department's view, the proposed amendments would assist in effectuating the purposes underlying the regulations to which the exemption relates. Accordingly, the Department has taken these amendments into account in its assessment of the economic benefits and costs of the interim final rule amending the regulations pertaining to distributions from terminated plans, which is included in the preamble to the interim final rule published elsewhere in this issue of the **Federal Register** . Paperwork Reduction Act The information collections included in PTE 2006-06 are currently approved, together with information collections included in the safe harbor and termination of abandoned plans regulations, by the Office of Management and Budget

(OMB)under OMB control number 1210-0127. This approval is currently scheduled to expire on April 30, 2008. The specific burden for the exemption includes a recordkeeping requirement for a QTA that terminates an abandoned plan and chooses to distribute the account balances of nonresponsive participants and beneficiaries into proprietary or affiliated individual retirement plans. These proposed amendments do not make any changes to the information collections of the exemption. Accordingly, the Department has not made a submission for OMB approval in connection with the proposed amendments. Background PTE 2006-06 is comprised of five sections. Section I describes the transactions that are covered by the exemption. Section II contains conditions for the provision of termination services and the receipt of fees. Section III contains the conditions for distributions. Section IV contains the general recordkeeping provisions imposed on the QTA, and section V contains definitions. Section I(b) of the exemption provides relief from the restrictions of sections 406(a)(1)(A) through (D), 406(b)(1) and 406(b)(2) of the Act and the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(A) through

(E)of the Code, for a QTA to use its authority in connection with the termination of an abandoned individual account plan to designate itself or an affiliate as provider of an individual retirement plan or other account to receive the account balance of a participant or beneficiary that does not provide direction as to the disposition of such assets. Under PTE 2006-06, the other accounts currently permitted by the exemption include an account, other than an individual retirement account, as described in paragraph (d)(1)(ii) of the Safe Harbor Regulation, for a distribution made to a distributee other than a participant or spouse, and, for distributions of $1,000 or less, an interest-bearing, federally insured bank or savings association account, as described in section (d)(1)(iii) of the Safe Harbor Regulation. This provision of PTE 2006-06 is the subject of the proposed amendment contained in this notice. Section I(b) of the class exemption further permits the QTA to make the initial investment of the distributed proceeds in a proprietary investment product, receive fees in connection with the establishment or maintenance of the individual retirement plan or other account, and receive investment fees as a result of the investment of the individual retirement plan or other account's assets in a proprietary investment product in which the QTA or an affiliate has an interest. Discussion of the Proposed Amendment Section 829 of the Pension Protection Act amended section 402(c) of the Code to permit the direct rollover of a deceased participant's benefit from an eligible retirement plan to an individual retirement plan established on behalf of a designated nonspouse beneficiary. 3 These rollover distributions would not trigger immediate tax consequences and mandatory tax withholding for the nonspouse beneficiary. 3 Section 829 of the Pension Protection Act requires that the individual retirement plan established on behalf of a nonspouse beneficiary must be treated as an inherited individual retirement plan within the meaning of Code § 408(d)(3)(C) and must be subject to the applicable mandatory distribution requirement of Code § 401(a)(9)(B). In light of the Pension Protection Act's favorable changes to the Code allowing a rollover distribution on behalf of a nonspouse beneficiary into an inherited individual retirement plan with the resulting deferral of income tax consequences, the Department is amending the class exemption to require that a deceased participant's benefit be directly rolled over to an inherited individual retirement plan established to receive the distribution on behalf of a missing, designated nonspouse beneficiary. General Information The attention of interested persons is directed to the following:

(1)The fact that a transaction is the subject of an exemption under section 408(a) of ERISA and section 4975(c)(2) of the Code does not relieve a fiduciary, or other party in interest or disqualified person with respect to a plan, from certain other provisions of ERISA and the Code, including any prohibited transaction provisions to which the exemption does not apply and the general fiduciary responsibility provisions of section 404 of ERISA which require, among other things, that a fiduciary act prudently and discharge his or her duties respecting the plan solely in the interests of the participants and beneficiaries of the plan. Additionally, the fact that a transaction is the subject of an exemption does not affect the requirement of section 401(a) of the Code that the plan must operate for the exclusive benefit of the employees of the employer maintaining the plan and their beneficiaries;

(2)This exemption does not extend to transactions prohibited under section 406(b)(3) of the Act or section 4975(c)(1)(F) of the Code;

(3)Before an exemption may be granted under section 408(a) of ERISA and section 4975(c)(2) of the Code, the Department must find that the exemption is administratively feasible, in the interests of the plan and of its participants and beneficiaries, and protective of the rights of participants and beneficiaries of the plan;

(4)If granted, the proposed amendment is applicable to a particular transaction only if the transaction satisfies the conditions specified in the exemption; and

(5)The proposed amendment, if granted, will be supplemental to, and not in derogation of, any other provisions of ERISA and the Code, including statutory or administrative exemptions and transitional rules. Furthermore, the fact that a transaction is subject to an administrative or statutory exemption is not dispositive of whether the transaction is in fact a prohibited transaction. Written Comments and Hearing Request The Department invites all interested persons to submit written comments or requests for a public hearing on the proposed amendment to the address and within the time period set forth above. Commenters can also submit responses electronically by e-mail to *e-OED@dol.gov* . All comments received will be made a part of the record. Comments and requests for a hearing should state the reasons for the writer's interest in the proposed exemption. Comments received will be available for public inspection at the above address and on the *www.regulations.gov web portal* . Proposed Amendment Under section 408(a) of the Act and section 4975(c)(2) of the Code and in accordance with the procedures set forth in 29 CFR 2570, Subpart B (55 FR 32836, 32847, August 10, 1990), the Department proposes to amend PTE 2006-06 as set forth below: Exemption * * * I. Covered Transactions * * *

(b)* * *

(1)Designate itself or an affiliate as:

(i)Provider of an individual retirement plan;

(ii)provider, in the case of a distribution on behalf of a designated beneficiary (as defined by section 401(a)(9)(E) of the Code) who is not the surviving spouse of the deceased participant, of an inherited individual retirement plan (within the meaning of section 402(c)(11) of the Code) established to receive the distribution on behalf of the nonspouse beneficiary under the circumstances described in section (d)(1)(ii) of the Safe Harbor Regulation for Terminated Plans (29 CFR section 2550.404a-3) (Safe Harbor Regulation); or

(iii)provider of an interest bearing, federally insured bank or savings association account maintained in the name of the participant or beneficiary, in the case of a distribution described in section (d)(1)(iii) of the Safe Harbor Regulation, for the distribution of the account balance of the participant or beneficiary of the abandoned individual account plan who does not provide direction as to the disposition of such assets; V. Definitions * * *

(b)The term “individual retirement plan” means an individual retirement plan described in section 7701(a)(37) of the Code. For purposes of section III of this exemption, the term “individual retirement plan” shall also include an inherited individual retirement plan (within the meaning of section 402(c)(11) of the Code) established to receive a distribution on behalf of a nonspouse beneficiary. Notwithstanding the foregoing, the term individual retirement plan shall not include an individual retirement plan which is an employee benefit plan covered by Title I of ERISA. Signed at Washington, DC, this 5th day of February 2007. Ivan L. Strasfeld, Director, Office of Exemption Determinations. [FR Doc. E7-2606 Filed 2-14-07; 8:45 am] BILLING CODE 4150-29-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0008] Standard on Formaldehyde; Extension of the Office of Management and Budget's

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in its Formaldehyde Standard (29 CFR 1910.1048). The Standard protects employees from the adverse health effects that may result from occupational exposure to Formaldehyde, including an itchy, runny, and stuffy nose; a dry or sore throat; eye irritation; headache; and cancer of the lung, buccal cavity, and pharynx. DATES: Comments must be submitted (postmarked, sent, or received) by April 16, 2007. ADDRESSES: You may submit comments by any of the following methods: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0008, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for this ICR (OSHA Docket No. OSHA-2007-0008). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled Supplementary Information . *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You also may contact Todd Owen at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Jamaa Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the Act) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The principal paperwork provisions of the Formaldehyde Standard require employers to perform exposure monitoring to determine employees' exposure to Formaldehyde, notify employees of their Formaldehyde exposures, provide medical surveillance to employees, provide examining physicians with specific information, ensure that employees receive a copy of their medical examination results, maintain employees' exposure monitoring and medical records for specific periods, and provide access to these records by OSHA, the National Institute for Occupational Safety and Health, the affected employees, and their authorized representatives. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of the Agency's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting OMB to extend its approval of the information collection requirements contained in the Formaldehyde Standard, including an increase of 28,664 burden hours. The Agency will summarize the comments submitted in response to this notice, and will include this summary in the request to OMB. *Type of Review:* Extension of currently approved information collection requirement. *Title:* Formaldehyde Standard (29 CFR 1910.1048). *OMB Number:* 1218-0145. *Affected Public:* Business or other for-profits. *Number of Respondents:* 112,638. *Frequency:* On occasion, semi-annually, annually. *Total Responses:* 1,903,049. *Average Time per Response:* Time per response ranges from 5 minutes for employers to maintain exposure monitoring and medical records for each employee to 1 hour for employees to receive a medical examination. *Estimated Total Burden Hours:* 519,076 hours. *Estimated Cost (Operation and Maintenance):* $55,325,688. IV. Public Participation-Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:

(1)electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal;

(2)by facsimile; or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for this ICR (OSHA Docket No. OSHA-2007-0008). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or a facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled “Addresses”). The additional materials must clearly identify your electronic comments by your name, date, and docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in its Regulation on Access to Employee Exposure and Medical Records (29 CFR 1910.1020). DATES: Comments must be submitted (postmarked, sent or received) by April 16, 2007. ADDRESSES: You may submit comments, by any of the following methods: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Fax:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* You must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0009, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for this information collection request

(ICR)(OSHA Docket No. OSHA-2007-0009). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Todd Owen at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Jamaa Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the Act) authorizes information collection requirements by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). Under the authority granted by the Act, OSHA published a health regulation governing access to employee exposure monitoring data and medical records. This regulation does not require employers to collect any information or to establish any new systems of records. Rather, it requires that employers provide employees, their designated representatives, and OSHA with access to employee exposure monitoring and medical records, and any analyses resulting from these records. In this regard, the regulation specifies requirements for record access, record retention, employee information, trade secret management, and record transfer. Accordingly, the Agency attributes the burden hours and costs associated with exposure monitoring and measurement, medical surveillance, and the other activities required to generate the data governed by the regulation to the health standards that specify these activities; therefore, OSHA did not include these burden hours and costs in this ICR. Access to exposure and medical information enables employees and their designated representatives to become directly involved in identifying and controlling occupational health hazards, as well as managing and preventing occupationally-related health impairment and disease. Providing the Agency with access to the records permits it to ascertain whether or not employers are complying with the regulation, as well as the recordkeeping requirements of its other health standards; therefore, OSHA access provides additional assurance that employees and their designated representatives are able to obtain the data they need to conduct their analyses. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions to protect employees, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the collection of information requirements specified by the Regulation on Access to Employee Exposure and Medical Records (29 CFR 1910.1020). This request includes an increase of 158,880 burden hours. The Agency will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of these information collection requirements. *Type of Review:* Extension of currently approved information collection requirements. *Title:* Access to Employee Exposure and Medical Records (29 CFR 1910.1020). *OMB Number:* 1218-0065. *Affected Public:* Business or other for-profits; Federal government; State, local, or tribal governments. *Number of Respondents:* 734,820. *Frequency of Recordkeeping:* On occasion. *Average Time per Response:* Varies from five minutes (.08 hour) for employers to provide OSHA with access to records to 10 minutes (.17 hour) to maintain employee records. *Total Annual Hours Requested:* 720,187. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document

(1)electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (OSHA Docket No. OSHA-2007-0009). You may supplement electronic submissions by uploading document files electronically. If, instead, you wish to mail additional materials in reference to an electronic or fax submission, you must submit them to the OSHA Docket Office (see ADDRESSES section). The additional materials must clearly identify your electronic comments by your name, date, and docket number so OSHA can attach them to your comments. Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through *http://www.regulations.gov.* All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://regulations.gov* website to submit comments and access the docket is available at the website's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the website, and for assistance in using the internet to locate docket submissions. Electronic copies of this **Federal Register** document are available at *http://regulations.gov.* This document, as well as news releases and other relevant information, also are available at OSHA's webpage at *http://www.osha.gov.* V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506) and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Signed at Washington, DC, on February 12, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E7-2673 Filed 2-14-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0010] Federal Advisory Council on Occupational Safety and Health AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Announcement of meeting. SUMMARY: The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet March 1, 2007, in Washington, DC. DATES: *FACOSH meeting:* FACOSH will meet from 10 a.m. to 4 p.m., Thursday, March 1, 2007. *Submission of comments and requests to speak:* Comments and requests to speak at the FACOSH meeting must be received by February 22, 2007. ADDRESSES: *FACOSH meeting:* FACOSH will meet in Rooms N-3437 A/B/C, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. *Submission of comments and requests to speak:* Comments and requests to speak at the FACOSH meeting, identified by OSHA Docket No. 2007-0010, may be submitted by any of the following methods: *Electronically:* You may submit materials, including attachments, electronically at: *http://www.regulations.gov* , the Federal eRulemaking Portal. Follow the online instructions for making submissions. *Facsimile:* If your submission, including attachments, is not longer than 10 pages, you may fax it to the OSHA Docket Office at

(202)693-1648. *Mail, express delivery, hand delivery, messenger or courier service:* Submit three copies of your submissions to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2350 (OSHA's TTY number is

(877)889-5627). Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and docket number for this **Federal Register** notice (Docket No. OSHA-2007-0010). Submissions in response to this **Federal Register** notice, including personal information provided, will be posted without change at: *http://www.regulations.gov* . Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birth dates. Because of security-related procedures, submissions by regular mail may result in a significant delay in their receipt. Please contact the OSHA Docket Office, at the address above, for information about security procedures for making submissions by hand delivery, express delivery, and messenger or courier service. For additional information on submitting comments and requests to speak, see the SUPPLEMENTARY INFORMATION section below. *Docket:* To read or download submissions, go to *http://www.regulations.gov* . All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some documents (e.g., copyrighted material) are not publicly available to read or download through *http://www.regulations.gov* . All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office at the address above. FOR FURTHER INFORMATION CONTACT: For general information: Diane Brayden, Director, OSHA, Office of Federal Agency Programs, U.S. Department of Labor, Room N-3622, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2122; fax

(202)693-1685; e-mail *ofap@dol.gov* . For special accommodations for the FACOSH meeting: Veneta Chatmon, OSHA, Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-1999. SUPPLEMENTARY INFORMATION: FACOSH will meet Thursday, March 1, 2007, in Washington, DC. All FACOSH meetings are open to the public. FACOSH is authorized by section 19 of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 668), 5 U.S.C. 7902, and Executive Order 12196 to advise the Secretary of Labor on all matters relating to the occupational safety and health of Federal employees (Ex. 2). This includes providing advice on how to reduce and keep to a minimum the number of injuries and illnesses in the Federal workforce and how to encourage the establishment and maintenance of effective occupational safety and health programs in each Federal Department and Agency (Ex. 3). The tentative agenda for the FACOSH meeting includes: • Safety, Health and Return-to-Employment (SHARE) Initiative, • Recordkeeping, • Training, • Field Federal Safety and Health Councils, and • Facility Safety and Health Design. FACOSH meetings are transcribed and detailed minutes of the meetings are prepared. Meeting transcripts and minutes are included in the official record of FACOSH meetings. Interested parties may submit a request to make an oral presentation to FACOSH by one of the methods listed in the ADDRESSES section above. The request must state the amount of time requested to speak, the interest represented (e.g., business or organization name), if any, and a brief outline of the presentation. Requests to address FACOSH may be granted as time permits and at the discretion of the FACOSH chair. Interested parties also may submit comments, including data and other information, using any of the methods listed in the ADDRESSES section above. OSHA will provide all submissions to FACOSH members. Individuals who need special accommodations and wish to attend the FACOSH meeting should contact Veneta Chatmon, at the address above, at least seven days before the meeting. *Public Participation* —Submissions and Access to Official Meeting Record: You may submit comments and requests to speak

(1)electronically,

(2)by facsimile, or

(3)by hard copy. All submissions, including attachments and other materials, must identify the Agency name and the OSHA docket number for this notice (Docket No. OSHA-2007-0010). You may supplement electronic submissions by uploading documents electronically. If, instead, you wish to submit hard copies of supplementary documents, you must submit three copies to the OSHA Docket Office using the instructions in the ADDRESSES section above. The additional materials must clearly identify your electronic submission by name, date and docket number. Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of submissions. For information about security procedures concerning the delivery of submissions by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Meeting transcripts and minutes as well as submissions in response to this **Federal Register** notice are included in the official record of the FACOSH meeting (Docket No. OSHA-2007-0010). Submissions are posted without change at: *http://www.regulations.gov* . Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birth dates. Although all submissions are listed in the *http://www.regulations.gov* index, some documents (e.g., copyrighted material) are not publicly available to read or download through *http://www.regulations.gov* . All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Exhibits referenced in this **Federal Register** notice are included in Docket No. OSHA-2007-0010, which is the “Docket ID” number in *http://www.regulations.gov* . Exhibit numbers are listed at the beginning of the title of the specific document in the *http://www.regulations.gov* index (see “Document Title” column). Information on using the *http://www.regulations.gov* Website to make submissions and to access the docket and exhibits is available at the Website's User Tips link. Contact the OSHA Docket Office for information about materials not available through the Website and for assistance in using the Internet to locate submissions and other documents in the docket. Electronic copies of this **Federal Register** notice are available at: *http://www.regulations.gov* . This notice, as well as news releases and other relevant information, is also available at OSHA's Webpage at: *http://www.osha.gov* . *Authority and Signature:* Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by section 19 of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 668), 5 U.S.C. 7902, section 1-5 of Executive Order 12196, the Federal Advisory Committee Act (5 U.S.C. App.2) and Secretary of Labor's Order No. 2-2002 (67 FR 65008). Signed at Washington, DC, this 12th day of February, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E7-2674 Filed 2-14-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2006-0050] Nationally Recognized Testing Laboratories; Revised Fee Schedule AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice provides the revised schedule of fees to be charged by the Occupational Safety and Health Administration

(OSHA)to Nationally Recognized Testing Laboratories (NRTLs). OSHA charges fees for specific types of services it provides to NRTLs. The fees charged to NRTLs first went into effect on October 1, 2000. DATES: The Fee Schedule will become effective on February 15, 2007. FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3655, Washington, DC 20210, or phone

(202)693-2110. Our Web page includes information about the NRTL Program (see *http://www.osha.gov* and select “N” in the site index). SUPPLEMENTARY INFORMATION: I. Notice and Introduction The Occupational Safety and Health Administration

(OSHA)hereby gives notice that it has revised the fees that the Agency charges for the services it provides to Nationally Recognized Testing Laboratories (NRTLs). OSHA is taking this action as a result of its process for annually reviewing the fees, as provided under 29 CFR 1910.7(f). This review showed that the costs of providing the services covered by the fees had changed sufficiently to warrant adjustments to the fee schedule, which had been in effect since January 2002. The notice to propose the revised fees was published in the **Federal Register** on December 20, 2006 (71 FR 76365). That notice requested submission of comments by January 4, 2007. No comment was received. The notice also stated that the fees would go into effect on February 5, 2007; OSHA, however, has changed the effective date of the fee increase. As set forth above, the new fee schedule is effective February 15, 2007. You may obtain or review documents related to the establishment of the fees by contacting the Docket Office, Room N2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. Docket No. OSHA-2006-0050 (formerly, NRTL95-F-1), contains all materials in the record concerning OSHA's NRTL Program fees. The fee adjustments described in this notice are based on the current approach for calculating fees, which is the same approach OSHA used in developing the first fee schedule (effective October 1, 2000). OSHA is also in the process of developing a new approach to calculating fees that would more accurately recoup the total costs of the services OSHA provides to NRTLs. The Agency will be proposing this new approach, and seeking comments on it, in a **Federal Register** notice to be published at a later date. II. Background Many of OSHA's safety standards require that equipment or products used in the workplace be tested and certified to help ensure they can be used safely. *See* , *e.g.* , 29 CFR 1910, Subpart S. In general, this testing and certification must be performed by a Nationally Recognized Testing Laboratory (NRTL). In order to ensure that the testing and certification is done appropriately, OSHA implemented the NRTL Program. The NRTL Program establishes the criteria that an organization must meet in order to be and remain recognized as an NRTL. The NRTL Program requirements are set forth under 29 CFR 1910.7, “Definition and requirements for a nationally recognized testing laboratory.” To be recognized by OSHA, an organization must:

(1)Have the appropriate capability to test, evaluate, and approve products to assure their safe use in the workplace;

(2)be completely independent of the manufacturers, vendors, and major users of the products for which OSHA requires certification;

(3)have internal programs that ensure proper control of the testing and certification process; and

(4)have effective reporting and complaint handling procedures. OSHA requires NRTL applicants ( *i.e.* , organizations seeking initial recognition as NRTLs) to provide detailed and comprehensive information about their programs, processes, and procedures in writing when they apply. OSHA reviews the written information and conducts an on-site assessment to determine whether the organization meets the requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL ( *i.e.* , an organization already recognized) applies for expansion or renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain their programs and continue to meet the recognition requirements. Currently, there are 18 NRTLs operating over 50 recognized sites in the U.S., Canada, Europe, and the Far East. III. Program Costs and Fee Calculation To understand the adjustments we have made to the fee schedule, Section A discusses the derivation of the hourly rate we used to assess the fees. Section B discusses changes we made to the estimate of activity times and briefly describes new chargeable activities for the services to NRTLs. Section C details new activity costs. A. Derivation of Hourly Rate

(ECR)In preparing the fee schedule presented in this notice, OSHA has updated its calculation of the total resources that it has committed to the NRTL Program overall and has then computed the costs that are involved solely with the application approval and the periodic review ( *i.e.* , audit) functions. OSHA calculates the fees for these services by multiplying an equivalent average direct staff cost per hour rate

(ECR)by the time it takes to perform the activities involved in application processing or audit functions. Simply put, Fee for activity = ECR × Time for activity. OSHA derives the ECR by taking the total estimated direct and indirect costs of the program, consisting of personnel costs (salary and fringe) and office expenses, but excluding travel, and dividing that total by the total available annual work hours of the direct staff devoted to all the NRTL Program activities, i.e., the number of full-time equivalent

(FTE)personnel. 1 Illustrated as an equation: 1 In discussing total hours in this notice, we often refer to FTEs which stands for full-time equivalents and equals total hours dividedby 2,080, the total available annual work hours for one full-time employee. ECR = TPC / TAW, where TPC is the total estimated direct and indirect program costs (excluding travel) and TAW is the total available annual work hours of the direct staff. Figure 1, below, represents OSHA's TPC of providing the services for which we charge fees and shows the calculation of the ECR. As a result of our adjustments, our base hourly rate for calculating our fees, i.e., the ECR, has increased approximately 17% above the previous level, from $54.50 to $63.80. The $54.50 is the rate that was derived using 2002 projected staff salary and fringe, and other program costs. It is the rate contained in the prior fee schedule (effective January 1, 2002), which is now superseded by the fee schedule shown in this notice. The 17% increase mainly reflects annual salary adjustments provided to Federal employees that have accumulated since the revision in 2002. The Agency believes these costs are fair and reasonable. Figure 1.—NRTL Program Annual Cost Estimates Cost description FTE Avg. cost per FTE (including fringe) Total costs Direct Staff Costs 5.24 $110,743 $580,294 Indirect Staff & Other Costs na na *115,130 Subtotal Costs 695,424 Travel Expenses na na 60,000 Total Program Costs 755,424 Avg. direct staff cost/hr. = $580,294/(5.24 FTE × 2,080 hours) = $53.20. ECR = Equivalent avg. direct staff cost/hr. rate = $695,424/(5.24 FTE × 2,080 hours) = $63.80 (includes direct & indirect costs but not travel). * This amount consists of $60,150 for management and support staff and $54,980 for equipment and other costs. In Figure 1, Direct Staff Costs are personnel costs for the staff that perform direct activities (i.e., the services, such as the application, on-site and legal reviews, and other activities involved in application processing and audits) as well as activities not directly connected to the fees. Indirect Staff and Other Costs are expenses for support and management staff, equipment, and other costs that are involved in the operation of the program. Support and management staff consists of program management and secretarial staff. Equipment and other costs are intended to cover items such as computers, telephones, building space, utilities, and supplies, which are necessary to perform the services covered by the fees. In general, indirect costs, by their very nature, are not readily identified with a specific output (in the present context, a specific activity) but are used in producing it. They are allocated to the application processing and audit activities based on direct staff costs. Travel Expenses shown in the figures are estimates of the costs we incur for travel related to the services that are covered by the fees. However, this amount is not included in the ECR since we charge for the actual staff travel expenses of the on-site visits performed by our program staff. In Figure 1, the travel expenses figure is presented only to show total program costs. The use of an “equivalent average direct staff cost per hour rate”

(ECR)measure is a convenient method of allocating indirect costs to each of the services for which OSHA is charging fees. The same result is obtained if direct staff costs are first calculated and then indirect costs are allocated based on the value, i.e., dollar amount, of the direct staff costs, which is an approach that is consistent with Federal accounting standards. To illustrate this, assume that a direct staff member spends 10 hours on an activity; the direct staff costs would then be calculated as follows: Direct staff costs = 10 hours × $53.20/hour = $532. The $53.20/hour is the average direct staff cost/hour amount shown in Figure 1. The indirect costs would be allocated by first calculating the ratio of indirect costs to direct staff costs, again using the costs shown in Figure 1. This ratio would be as follows: Indirect costs/direct staff costs = $115,130/$580,294 = 0.1984. Next, the indirect costs would be calculated based on the $532 estimate of direct staff costs: Indirect costs = $532 × 0.1984 = $106. inally, the total costs of the activity are calculated: Total costs = direct staff costs + indirect costs = $532 + $106 = $638. We derive the same amount using the ECR of $63.80, *i.e.* , 10 hours x $63.80/hour = $638. B. Modified Activity Times and Additional Activities In addition to updating the ECR, the Agency has updated estimates of the average staff time that it spends on some specific activities or functions of the services covered by the fees. The staff activity times we updated resulted in a portion of the adjustments in the Fee Schedule (Table A below). OSHA previously developed these times for each major activity within the main types of services, which are application processing and audits. For application processing, OSHA has increased the average staff activity time in the areas of the on-site assessment and the final report/ **Federal Register** notice activities. In the first case, the increase mainly reflects the time necessary for making travel arrangements and, in the second case, mainly reflects the separate time necessary for the preparation of the notice. For audits, OSHA has increased the average staff activity time in the areas of the pre-site review and report preparation activities, each for similar reasons as the corresponding application activities just described. In addition, in both cases, we now charge for actual travel time (i.e., time in travel to and from sites), which replaces the nominal 4 hours that was included in the first day fee for assessments and audits of the prior fee schedule. OSHA also is now charging for some additional activities it performs during application processing and audits. These activities are for Additional Application Review, Supplemental Program Review, and Invoice Processing. Section IV of this notice further explains these activities and the modifications mentioned above. The revised fees reflect the Agency's experience with the NRTL Program fees over the four years since OSHA published the prior fee schedule. C. Tables of Activity Costs Figures 2, 3, 4, and 5, below, present the costs of the major activities for which fees are charged. We include average travel costs in the figures below to provide an overall cost for a particular activity. However, as explained above, since we charge for actual travel, only the non-travel costs serve as the basis for the fees later shown in the Fee Schedule (Table A). In deriving the fee amounts shown in Table A, OSHA has generally rounded the costs shown in Figures 2, 3, 4, and 5, up or down, to the nearest $5 or $10 amount. Figure 2.—Initial Application Cost Estimates Major activity Type of cost Average hours Average cost* Initial Application Review Office and field staff time 80 $5,100 Additional Review Time Office staff 16 1,020 On-Site Assessment—first day (per site, per assessor) field staff time (16 hours preparation, 6 hours travel processing, and 8 hours at site) 30 1,914 Field staff travel expense ($700 airfare/other + $100 per diem) 1 800 Total 2,714 On-Site Assessment—each addnl. day** (per site, per assessor) field staff time (at site) 8 510 Field staff travel expense (per diem only) 1 100 Total 610 On-Site Assessment travel time—per day (per site, per assessor) field staff 8 510 Review and Evaluation (10 test standards) Office staff time 2 128 Final Report & Federal Register notice field and office staff time 132 8,422 Fees Invoice Processing Office staff time 2 128 * Average cost for staff time = average hours × equivalent average direct staff cost/hr. ($63.80). ** Note: 2 additional days estimated if there are 2 assessors and 4 additional days estimated if there is 1 assessor. 1 Not applicable. Figure 3.—Expansion Application (Additional Site) Cost Estimates Major activity Type of cost Average hours Average cost* Application Review (expansion for site) Office and field staff time 16 $1,021 Additional Review Time Office staff 8 510 On-Site Assessment—first day (per site, per assessor) field staff time (12 hours preparation, 4 hours travel processing, and 8 hours at site) 24 1,531 field staff travel time expense ($700 airfare/other + $100 per diem) 1 800 Total 2,331 On-Site Assessment—addnl. day** (per site, per assessor) field staff time (at site) 8 510 field staff travel expense (per diem only) 1 100 Total 610 On-Site Assessment travel time—per day (per site, per assessor) field staff 8 510 Review and Evaluation Fee (10 test standards) office staff time 2 128 Final Report & Federal Register notice Field and office staff time 50 3,190 Fees Invoice Processing Office staff time 2 128 * Average cost for staff time = average hours × equivalent average direct staff cost/hr. (63.80). ** Note: 2 additional days estimated for 1 assessor. 1 Not applicable. Figure 4.—Renewal Or Expansion (Other Than Additional Site) Application Cost Estimates Major activity Type of cost Average hours Average cost* Application Review (renewal or expansion other than additional site) Office and field staff time 2 $128 Additional Review Time Office staff 8 510 Renewal Application Information Review Office staff 16 1,021 On-Site Assessment—first day (expansion) (per site, per assessor) field staff time (8 hours preparation, 4 hours travel processing, and 8 hours at site) 20 1,276 field staff travel expense ($700 airfare/other + $100 per diem) 3 800 Total 2,076 On-Site Assessment—first day (renewal) (per site, per assessor) field staff time (16 hours preparation, 4 hours travel processing, and 8 hours at site) 28 1,787 field staff travel expense ($700 airfare/other + $100 per diem) 3 800 Total 2,587 On-Site Assessment—addnl. day** (per site, per assessor) Office staff time (at site) 8 510 field staff travel expense (covers per diem only) 3 100 Total 610 On-Site Assessment travel time—per day (per site, per assessor) field staff 8 510 Review and Evaluation Fee (10 test standards) (expansion) Office staff time 2 128 Final Report & Federal Register notice Office and field staff time (if there is an on-site assessment) 50 3,190 Final Report & Federal Register notice Office and field staff time (if there is NO on-site assessment) 30 1,914 Supplemental Program Review Office and field staff time (per program requested incl. consultation and assessor's memo) 4 255 Fees Invoice Processing Office staff time 2 128 * Average cost for staff time = average hours × equivalent average direct staff cost/hr. ($63.80). ** Note: 2 additional days estimated for renewal assessment; no additional days for expansion assessment. 3 Not applicable. Figure 5.—On-Site Audit Cost Estimates Major activity Type of cost Average hours Average cost * On-Site Audit—first day (per site, per auditor) Field staff time (12 hours pre-site review preparation, 4 hours travel processing, and 8 hours at site) 24 $1,531 Prepare report/contact NRTL plus office review staff time (2 days for field staff and 2 hours for office staff) 18 1,148 Subtotal (first day) 2,679 Field staff travel expense ($700 airfare/other + $100 per diem) 4 800 Total 3,479 On-Site Audit—addnl. day ** (per site, per auditor) field staff time (at site) 8 510 Travel expense (covers per diem only) 4 100 Total 610 On-Site Audit travel time—per day (per site, per auditor) Field staff 8 510 Fees Invoice Processing Office staff time 2 128 *Average cost for staff time = average hours × equivalent average direct staff cost/hr. ($63.80) **Note: 1.0 additional day estimated for 1 auditor. 4 Not applicable. IV. Fee Schedule and Description of Fees OSHA is adopting the fee schedule shown below as Table A. Table A. FEE SCHEDULE NATIONALLY RECOGNIZED TESTING LABORATORY PROGRAM (NRTL PROGRAM) FEE SCHEDULE (EFFECTIVE FEBRUARY 15, 2007) 12 Type of service Activity or category (fee charged per application unless noted otherwise) Fee amount APPLICATION PROCESSING Initial Application Review 1,8 $5,100. Expansion Application Review (per additional site) 1, 8 1,020. Renewal or Expansion (other) Application Review 1 130. Renewal Information Review Fee 7 1,020. Additional Review—Initial Application (if the application is substantially revised, submit one-half Initial Application Review fee) 7 1,020. Additional Review—Renewal or Expansion Application 7 510. Assessment—Initial Application (per site—SUBMIT WITH APPLICATION) 2, 4, 8 8,890. Assessment—Initial Application (per person, per site—first day—BILLED AFTER ASSESSMENT) 2, 10 1,910 + actual travel expenses. Assessment—Renewal Application (per person, per site—first day) 3, 10 1,790 + actual travel expenses. Assessment—Expansion Application (additional site) (per person, per site—first day) 3 1,530 + actual travel expenses. Assessment—Expansion Application (other) (per person, per site—first day) 3 1,280 + actual travel expenses. Assessment—each addnl. day or each day on travel (per person, per site) 2, 3 510 + actual travel expenses. Review and Evaluation 5 (13 per standard if it is already recognized for NRTLs and requires minimal review; OR else 64 per standard) 13 per standard OR 64 per standard. Final Report/Register Notice—Initial Application 5, 9 8,420. Final Report/Register Notice—Renewal or Expansion Application (if OSHA performs on-site assessment) 5, 9 3,190. Final Report/Register Notice—Renewal or Expansion Application (if OSHA performs NO on-site assessment) 5, 9 1,910. AUDITS On-site Audit (per person, per site, first day) 6 2,680 + actual travel expenses. On-site Audit—each addnl. day or each day on travel (per person, per site) 6 510 + actual travel expenses. Office Audit (per person, per site) 6 510. MISCELLANEOUS Supplemental Travel (per site—for sites located outside the 48 contiguous States or the District of Columbia) 4 1,000. Supplemental Program Review (per program requested) 4 260. Fees Invoice Processing (per application or audit) 4 130. Late Payment \11\ 64. Notes to OSHA Fee Schedule for NRTLs: 1. Who must pay the Application Review fees, and when must they be paid? If you are applying for initial recognition as an NRTL, you must pay the Initial Application Review fee and include this fee with your initial application. If you are an NRTL and applying for an expansion or renewal of recognition, you must pay the Expansion Application Review fee or Renewal Application Review fee, as appropriate, and submit this fee concurrently with your expansion or renewal application. See note 7 if you amend or revise your initial or expansion application. 2. What assessment fees do you submit for an initial application, and when must they be paid? If you are applying for initial recognition as an NRTL, you must pay $8,890 for each site for which you wish to obtain recognition, and you must submit this amount concurrently with your initial application. We base this amount on two assessors performing a three-day assessment at each site. After completing the actual assessment, we calculate our assessment fee based on the actual staff time and travel costs incurred in performing the assessment. We calculate this fee at the rate of $1,910 for the first day at the site, $510 for each additional day at the site, and $510 for each day in travel, plus actual travel expenses, for each assessor. ( *Note: days charged for being in travel status are those allowed under government travel rules. This note applies to any assessment or audit.* ) Actual travel expenses are determined by government per diem and other travel rules. We bill or refund the difference between the amount you pre-paid and the actual assessment fee. We reflect this difference in the final bill that we send to you at the time we publish the preliminary **Federal Register** notice announcing the application. 3. What assessment fees do you submit for an expansion or renewal application, and when must they be paid? If you are an NRTL and applying solely for an expansion or renewal of recognition, you do not submit any assessment fee with your application. If we need to perform an assessment for the expansion or renewal request, we bill you for this fee after we perform the assessment. The fee is based on the actual staff time and travel costs we incurred in performing the assessment. We calculate this fee at the rate of $1,790, $1,530, or $1,280 for the first day at the site of a renewal, expansion (site), and expansion (other) assessment, respectively. We also include $510 for each additional day at the site and $510 for each day in travel, plus actual travel expenses, for each assessor. Actual travel expenses are determined by government per diem and other travel rules. When more than one site of the NRTL is visited during one trip, we charge the $510 additional day fee, plus actual travel expenses, for each day at a site. 4. When do I pay the Supplemental Travel, the Supplemental Program Review, or the Fees Invoice Processing fees? You must include the Supplemental Travel fee when you submit an initial application for recognition and the site you wish to be recognized is located outside the 48 contiguous U.S. states or the District of Columbia. The current supplemental travel fee is $1,000. We factor in this prepayment when we bill for the actual costs of the assessment, as described in our note 2, above. See note 8 for possible refund of application or assessment fees. You must include the Supplemental Program Review fee when you apply for approval to use other qualified parties or facilities to perform specific activities. See Chapter 2 of the NRTL Program Directive for more information. We will include the Fees Invoice Processing fee in the total for each of our invoices to you. 5. When do I pay the Review and Evaluation and the Final Report/Register Notice fees? We bill an applicant or an NRTL for the appropriate fees at the time we publish the preliminary **Federal Register** notice to announce the application. We calculate the Review and Evaluation Fee at the rate of $13 per test standard requested for those standards that OSHA previously recognized for any NRTL and that require minimal review or do not represent a new area of testing for the NRTL. Otherwise, this fee is $64 per standard requested. 6. When do I pay the Audit fee? We bill the NRTL for this fee (on-site or office, as deemed necessary) after completion of the audit and base the fee on actual staff time and travel costs incurred in performing the audit. We calculate our fee at the rate of $2,680 for the first day at the site, $510 for each additional day at the site, and $510 for each day in travel, plus actual travel expenses for each auditor. Actual travel expenses are determined by government per diem and other travel rules. 7. When do I pay the Additional Review fee or Renewal Information Review fee? The Additional Review fees cover the staff time in reviewing new or modified information submitted after we have completed our preliminary review of an application. There is no charge for review of a “minor” revision, which entails modifying or supplementing less than approximately 10% of the documentation in the application. The Additional Review fee applies to revisions modifying or supplementing from 10% to 50% of that documentation. For a new application, the fee represents 16 hours of additional review time and for a renewal or expansion application, the fee represents 8 hours of additional review time. If an applicant exceeds that 50% threshold in revising its application, we will charge one-half the Initial Application Review fee and the full Expansion Application Review fee, as applicable. The Renewal Information Review fee applies when an NRTL submits updated information to OSHA in connection with a request for renewal of recognition. 8. When and how can I obtain a refund for the fees that I paid? If you withdraw before we complete our preliminary review of your initial application or your expansion application to include an additional site, we will refund half of the application fee. If you are applying for initial recognition as an NRTL, we will refund the pre-paid assessment fees if you withdraw your application before we have traveled to your site to perform the on-site assessment. For an initial application, we will also credit your account for any amount of the pre-paid assessment fees collected that is greater than the actual cost of the assessment. Other than these cases, we do not generally refund or grant credit for any other fees that are due or collected. 9. Will I be billed even if my application is rejected? If we reject your application, we will bill you for the fees pertaining to tasks that we have performed that are not covered by the fees you have submitted. For example, if we perform an assessment for an expansion application but deny the expansion, we will bill you for the assessment fee. Similarly, we will bill you for the Final Report and **Federal Register** fee if we also wrote the report and published the notice. See note 11 for the consequences of non-payment. 10. What rate does OSHA use to charge for staff time? OSHA has estimated an equivalent staff cost per hour that it uses for determining the fees that are shown in the Fee Schedule. This hourly rate takes into account the costs for salary, fringe benefits, equipment, supervision and support for each “direct staff” member, that is, the staff that perform the main activities identified in the Fee Schedule. The rate is an average of these amounts for each of these direct staff members. The current estimated equivalent staff costs per hour = $63.80. 11. What happens if I do not pay the fees that I am billed? As explained above, if you are an applicant, we will send you a final bill (for any assessment and for the Review and Evaluation and Final Report/Register Notice fees) at the time we publish the preliminary **Federal Register** notice. If you do not pay the bill by the due date, we will assess the Late Payment fee shown in the Fee Schedule. This late payment fee represents one hour of staff time at the equivalent staff cost per hour (see note 10). If we do not receive payment within 60 days of the bill date, we will cancel your application. As also explained above, if you are an NRTL, we will generally send you a bill for the audit fee after completion of the audit. If you do not pay the fee by the due date, we will assess the Late Payment Fee shown in the Fee Schedule. If we do not receive payment within 60 days of the bill date, we will publish a **Federal Register** notice stating our intent to revoke recognition. However, please note that in either case, you may be subject to collection procedures under U.S. (Federal) law. 12. How do I know whether this is the most Current Fee Schedule? You should contact OSHA's NRTL Program (202-693-2110) or visit the program's Web site to determine the effective date of the most current Fee Schedule. Access the site by selecting “N” in the Subject Index at *www.osha.gov.* Any application review fees are those in effect on the date you submit your application. Other application processing fees are those in effect when the activity covered by the fee is performed. Audit fees are those in effect on the date we begin our audit. The following is a description of the tasks and functions currently covered by each type of fee category, e.g., application fees, and the basis used to charge each fee. Application Fees: This fee reflects the technical work performed by office and field staff in reviewing application documents to determine whether an applicant submitted complete and adequate information. The application review does not include a determination on the test standards requested, which is reflected in the Review and Evaluation fee. Application fees are based upon average costs per type of application. OSHA uses an average cost because the amount of time spent on the application review does not vary greatly by type of application. This is based on the premise that the number and type of documents submitted will generally be the same for a given type of application. Experience has shown that, indeed, most applicants do follow the application guide that OSHA provides. Two new fees were added in this area, which are explained in the Section VI, below. *Assessment Fees:* This fee is different for the initial, renewal, expansion

(site)and expansion (other) applications. It is based on the number of days for staff preparatory and on-site work and related travel. Six types of fees are shown, and five are charged per site and per person. The four fees for the first day reflect time for office preparation and 8 hours at the applicant's facility. There is one fee covering either additional days at the facility and/or days in travel. Additional days or days in travel are assessed for either a half or a full day. A supplemental travel amount is assessed for travel outside the contiguous 48 states or the District of Columbia. For initial applications, an amount to cover the assessment must be submitted “up-front” with the application. In addition to the first day and additional day amounts, the applicant or NRTL must pay actual travel expenses, based on government per diem and travel rules. For initial applications, any difference between actual travel expenses and the up-front travel amount is reflected in the final bill or refund sent to the applicant. Similar to the application fee, the office preparation time generally involves the same types of activities. Actual time at the facility may vary, but the staff devote at least a full day to performing the on-site work. The fee for the additional day reflects time spent at the facility and the actual travel expenses for that day. *Review and Evaluation Fee:* This fee is charged per test standard (which is part of an applicant's proposed scope of recognition). The fee reflects the fact that staff time spent on the office review of an application varies based on the number of test standards requested by the applicant. In general, the fee is based on the estimated time necessary to review test standards to determine whether each one is “appropriate,” as defined in 29 CFR 1910.7, and covers equipment for which OSHA mandates certification by an NRTL. The fee also covers time to determine the current designation and status (i.e., active or withdrawn) of a test standard by reviewing current directories of the applicable test standard organization. Moreover, it includes time spent discussing the results of the application review with the applicant. The actual time spent will vary depending on whether an applicant requests test standards that have previously been approved for other NRTLs. When the review is minimal, these activities take approximately 2 hours for 10 standards. This translates to $13 per standard. When the review is more substantial, the estimated average review time per standard is one hour for each standard, which translates to $64 per standard. Substantial review will occur when the standard has not been previously recognized for any NRTL or when the NRTL is proposing to conduct testing in a “new” area, i.e., for a type of product not similar to any currently included under its scope of recognition. *Final Report/Register Notice Fees:* Each of these fees are charged per application. The fee reflects the staff time required to prepare the report of the on-site review of an applicant's or an NRTL's facility, which includes contacting the applicant or NRTL to discuss issues or items in its response to our findings during our assessment. The fee also reflects the time spent making the final evaluation of an application, preparing the required **Federal Register** notices, and responding to comments received in response to the preliminary finding notice. These fees are based on average costs per type of application, since the type and content of documents prepared are generally the same for each type of applicant. There is a separate fee when OSHA performs no on-site assessment. In these cases, the NRTL Program staff perform an office assessment and prepare a memorandum to recommend the expansion or renewal. *Audit (Post-Recognition Review) Fees:* These fees reflect the time for office preparation, time at the facility and travel, and time to prepare the audit report of the on-site audit. A separate fee is shown for an office audit conducted in lieu of an actual visit. Each fee is per site and does not generally vary for the same reasons described for the assessment fee and because the audit is generally limited to between one and two days. As previously described, the audit fee includes amounts for travel, and, similar to assessments, OSHA will bill the NRTL for actual travel expenses. *Miscellaneous Fees:* Four different fees are shown under this category. OSHA can charge a Late Payment fee if an invoice is not paid by the due date. This amount represents 1 hour of staff time for contacting the NRTL and preparing a late invoice and cover letter. The Supplemental Travel fee applies per site for an initial application if the site to be recognized is located outside the 48 contiguous U.S. states or the District of Columbia. The fee is $1,000. We added two new miscellaneous fees, which are explained in Section VI, below. VI. Major Changes to the Fee Schedule The following table shows the major adjustments (i.e., increases or decreases of $100 or more) that we made to the fee schedule in Table A as compared to the prior fee schedule, which had been in effect since January 1, 2002. Following the table, we explain each of the major adjustments. Table of Major Adjustments to Fee Schedule Description of activity or category Prior fee amount Present fee amount Comment on change in fee amount Initial Application Review $4,400 $5,100 none Expansion Application Review 850 1,020 none Additional Review—Initial Application 1 1,020 new fee Renewal Application Information Review 1 1,020 new fee Additional Review—Renewal or Expansion Application 1 510 new fee Assessment—Initial Application (SUBMIT WITH APPLICATION) 6,500 8,890 none Assessment—Initial Application (per person, per site—first day—BILLED AFTER ASSESSMENT) 1,500 1,910 none Assessment—Renewal Application (per person, per site—first day) 1,100 1,790 currently combined with expansion assessment fee Assessment—Expansion (additional site) (per person, per site—first day) 1,100 1,530 currently combined with renewal assessment fee Assessment—Expansion (other) (per person, per site—first day) 1,100 1,280 currently combined with renewal assessment fee Assessment—each addnl. day OR travel time—each day (per person, per site) 440 510 only 4 hours of travel time currently charged through the first day fee for assessments Review & Evaluation 2 10 3 13 correction of undercharge per ten standards: $130 × $10 = $120 Final Report/Register Notice—Initial Application 6,550 8,420 none Final Report/Register Notice—Renewal or Expansion Application (if OSHA performs on-site assessment) 2,600 3,190 none Final Report/Register Notice—Renewal or Expansion Application (if OSHA performs NO on-site assessment) 1,500 1,910 none On-site Audit (first day) 1,950 2,680 none Supplemental Program Review 1 260 new fee Fees Invoice Processing 1 130 new fee 1 None. 2 Per ten standards. 3 Per standard. *Application and Assessment.* The increase in the application review fees, the assessment-related fees, and the final report/register notice fees resulted primarily from the increase in the hourly cost charged for the direct staff time. The audit-related fees also increased in part for the same reason but also because we added 4 hours for the pre-site review of each audit and 14 hours for the preparation of the audit report. These extra audit-related hours are reflected in Figure 5. In our prior fee schedule, we had a fee for Assessment—Expansion or Renewal Application (first day). Under the new schedule, we replace this with a separate assessment fee for renewals and a separate fee for each type of expansion. *Travel.* We changed our treatment of “travel time,” which is time in travel to and from a site, as opposed to audit or assessment time at a site. Travel time is determined following government travel regulations. The prior fee schedule included only 4 hours of travel time for an entire trip, which was reflected in the first day fee for assessments and audits. As explained in the notes to the fee schedule, we have now removed the 4-hour travel time from these first day fees and charge for actual travel time at the rate for an additional day, which under the new schedule would be $510. This rate would be charged based on either a half-day or a full day. We are charging this fee separately, as opposed to including it in the first day flat fee, in order to more accurately recoup our travel costs. For example, if a trip for an audit lasts a total of three days, with two of those days spent at the site, we previously charged the lab for 2.5 workdays (20 hours). Under the new schedule, we are charging for 3 workdays (24 hours). This charge is most important in the case of foreign travel where travel time may be 2 or 3 days in total. Of course, the removal of the 4 hours of travel time from the first day of an assessment or of an audit reduces those fees. *Additional Application Review.* The new Additional Review fees cover the staff time in reviewing new or modified information submitted for an application. For example, an applicant may need to revise or amend an initial or expansion application if we find that there are “major” deficiencies with it. There is no charge for review of a “minor” revision, which as Note 7 to the Fee Schedule describes, entails modifying or supplementing less than approximately 10% of the documentation in the application. The Additional Review fee applies to revisions modifying or supplementing from 10% to 50% of that documentation. For a new application, the fee represents 16 hours of additional review time and for a renewal or expansion application, the fee represents 8 hours of additional review time. If an applicant exceeds that 50% threshold in revising its application, we will charge one-half the Initial Application Review fee and the full Expansion Application Review fee, as applicable. The Renewal Information Review fee applies when an NRTL submits updated information to OSHA in connection with a request for renewal of recognition. For example, such information may include revised procedures and manuals for various parts of its testing and certification activities. *Supplemental Program Review and Fees Invoice Processing.* There are two more new fees, which will recoup costs for tasks we now perform in application processing and/or audits, but for which we had not been charging. The first fee, Supplemental Program Review, covers the time to review requests by NRTLs to use a supplemental program, under which NRTLs can use other qualified parties to perform tasks necessary for product testing and certification. Currently, there are eight of these programs, and NRTLs may apply to use one or more of them. The use of the term “program” in this context may be a bit misleading. It is not separate from, but just a segment within, the NRTL Program and defines the category or type of activity or service that the NRTL can accept from other parties or facilities. To be approved to use a program, the NRTL must meet certain criteria and the fee covers the time for us to make the office review and determination. If an on-site assessment were needed as part of granting the approval, this would be covered separately in the fee for the on-site assessment or audit during which we review documentation or other operational aspects related to a proposed use of the applicable program(s). The second fee is Fees Invoice Processing, which also involves tasks directly related to the application processing or audit activities and for which we have not been recouping costs. We follow essentially the same process to prepare each invoice for either an application or an audit and would thus charge per invoice prepared. *Review and Evaluation Fee.* The increase in the Review and Evaluation Fee is primarily a correction to the basis we used in the current fee schedule. In both cases, we base the fee on performing two separate reviews of 10 standards in 2 hours. However, the current fee schedule incorrectly reflects a $10 cost for those 2 hours. Since the prior hourly rate had been $54.50, this means the prior fee was understated by about $100 per ten standards (i.e., it should have been $109 per 10 standards, but we only charged $10 per 10 standards). At the new hourly rate, those 2 hours would result in a cost of $130 for the 10 standards or $13 per standard. *Notes to the Fee Schedule.* We have also changed a few of the notes to the fee schedule. In the table below, we show the notes that we have modified or added and explain why. Adjustments that merely updated a fee amount mentioned in a note are not explained or described in the table below. Table of Modified or New Notes to the Fee Schedule Note to fee dchedule Fee or area covered by note Reason(s) for modifying or adding note 2 Initial application assessment This note now also describes the separate charge for staff travel time. 3 Expansion or renewal assessment This note now also describes the separate charge for staff travel time and shows the different first day fees for renewal and expansion assessments. 4 Supplemental travel This note mentions possible refund of application fees. It also describes the new Supplemental Program Review and Fees Invoice Processing fees. 5 Review and evaluation We corrected the basis for charging this fee, as explained in the section above. 6 Audit This note now also describes the separate charge for staff travel time. 7 Additional review Note 7 previously covered refund of fees and now would cover the fee for additional reviews of applications. 8 Refunds This note would permit refunds of half the application fee if an applicant withdraws its initial or expansion (additional site) application before we complete our preliminary review. Note 8 previously covered the hourly rate for staff time, which is now under Note 10. 9 Application rejection Note 9 previously covered non-payment of fees and now would cover the new area of fees due if we were to reject an application. 11 Non-payment Note 11 is new. This area was previously covered under Note 9 and now would include a statement about collection procedures under U.S. (Federal) law. 12 Fees in effect Note 12 is new. This area was previously covered under Note 10 and now would include a note primarily to change the “in-effect” criterion for certain application processing fees. Finally, we are explaining again a matter dealing with the fee for Review and Evaluation, which was addressed when revising our fees in 2002. We revisit it here to clarify one aspect of our work involved in this activity. NRTLs submit requests to expand their scope to include additional test standards, i.e., testing of additional types of products. Generally, this request has consisted of a listing of the test standards. If we determine that the products requested are similar to products already in the particular NRTL's scope, the testing falls within its current capabilities, and no additional documentation needs to be reviewed. In that case, the NRTL is charged the new fee of $13 per standard requested. However, if the NRTL requests a standard that represents a new area of testing outside its scope, then it must submit information on the testing equipment and procedures it will use as well as the qualifications of personnel that will perform the testing. In that case, the charge will be $64 per standard, representing an average of 1 hour to review the information that must be submitted. Similarly, if OSHA has not previously recognized a particular standard for any NRTL, even though it may cover types of products under test standards that we have recognized, we will charge $64 per standard, representing an average of 1 hour to review the testing and other provisions of the standard and to determine if the NRTL has the necessary capability. Final Decision OSHA has performed its annual review of the fees it currently charges to Nationally Recognized Testing Laboratories, as provided under 29 CFR 1910.7(f). Based on this review, OSHA has determined that its prior fee schedule warranted adjustment, as detailed in this notice. As a result, OSHA now establishes the revised fees by adopting the Nationally Recognized Testing Laboratory Program Fees Schedule shown as Table A above, effective February 15, 2007. This fee schedule will remain in effect until superseded by a later fee schedule. OSHA will provide the public an opportunity to comment on any future changes to the fees. Signed at Washington, DC this 12th day of February, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E7-2661 Filed 2-14-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Veterans' Employment and Training Service Proposed Information Collection Request Submitted for Public Comment and Recommendations Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference (USERRA/VP) AGENCY: Veterans' Employment and Training Service (VETS), Labor. ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 Veterans' Employment and Training Service

(VETS)is soliciting comments concerning the proposed information collection request for the VETS USERRA/VP Form 1010. DATES: Comments are to be submitted by April 9, 2007. ADDRESS: Follow the instructions for submitting comments. • *E-mail:* *FCP-NPRM-04-VETS@dol.gov* . Include “VETS-1010” in the subject line of the message. • *Fax:*

(202)693-4755 (for comments of 10 pages or less). • *Mail:* Robert Wilson, Chief, Division of Investigation and Compliance, VETS, U.S. Department of Labor, Room S-1316, 200 Constitution Avenue, NW., Washington, DC 20210. • Receipt of submissions, whether by U.S. Mail, e-mail or FAX transmittal, will not be acknowledged; however, the sender may request confirmation that a submission has been received, by telephoning VETS at

(202)693-4719(VOICE) (this is not a toll-free number) or (202)693-4753 (TTY/TDD). All comments received, including any personal information provided, will be available for public inspection during normal business hours at the above address. People needing assistance to review comments will be provided with appropriate aids such as readers or print magnifiers. FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Division of Investigation and Compliance, VETS, at the U.S. Department of Labor, Room S-1316, 200 Constitution Avenue, NW., Washington, DC 20210, or by e-mail at *FCP-NPRM-04-VETS@dol.gov* ADDRESSES: Comments are to be submitted to the Veterans' Employment and Training Service, U.S. Department of Labor, Room S-1316, 200 Constitution Ave., NW., Washington, DC 20210, telephone

(202)693-4711. Written comments limited to 10 pages or fewer may also be transmitted by facsimile to

(202)693-4755. Receipt of submissions, whether by U.S. mail, e-mail or FAX transmittal, will not be acknowledged; however, the sender may request confirmation that a submission has been received, by telephoning VETS at

(202)693-4719. SUPPLEMENTARY INFORMATION: I. Background The VETS/USERRA/VP Form 1010 is used to file complaints with the Department of Labor's Veterans' Employment and Training Service

(VETS)under either the Uniformed Services Employment and Reemployment Rights Act (USERRA) or laws/regulations related to veterans' preference

(VP)in Federal employment. The purpose of the VETS/USERRA/VP Form information collection requirement include: to protect and facilitate the prompt reemployment of members of the uniformed services (to include National Guard and Reserves); to minimize disruption to the lives of persons who perform service in the uniformed services and their employers; and to encourage individuals to participate in non-career uniformed service. Also, to prohibit discrimination in employment and acts of reprisal against persons because of their obligations in the uniformed services, prior service, intention to join the uniformed services, filing of a USERRA claim, seeking assistance concerning an alleged violation, testifying in a proceeding, or otherwise assisting in an investigation. The purposes of Veterans' Preference laws and regulations and this information collection requirement include: to provide preference for certain veterans (preference eligibles) over others in Federal hiring from competitive lists of applicants; and to provide preference eligibles with preference over others in retention during reductions in force in Federal agencies. Two new questions are included in the VETS/USERRA/VP 1010 Form that does not impact the burden hours to complete the form. The form now asks for an e-mail address (question #6), and a (yes or no question #17) that states “Was the Employer Support of the Guard and Reserve

(ESGR)involved in handling your claim initially?” II. Desired Focus of Comments Currently VETS is soliciting comments concerning the proposed information collection request for the VETS/USERRA/VP Form 1010. To obtain a copy of the VETS 1010 please contact Rob Wilson. 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 This notice requests an extension of the current Office of Management and Budget approval of the paperwork requirements for VETS/USERRA/VP Form 1010. *Type of Review:* Extension. *Agency:* Veterans' Employment and Training Service. *Title:* VETS/USERRA/VP Form 1010. *OMB Number:* 1293-0002. *Affected Public:* Individuals or households. *Total Respondents:* Approximately 1,500. *Average Time per Response:* 15 minutes. *Total Burden Hours:* 375 hours. *Total Annualized Capital/Startup costs:* $0. *Total Initial Annual Costs:* $0. Comments submitted in response to this notice will be summarized and included in the request for the Office of Management and Budget approval of the information collection request. Comments will become a matter of public record. Dated: February 8, 2007. John M. McWilliam Deputy Assistant Secretary, Veterans' Employment and Training. [FR Doc. E7-2582 Filed 2-14-07; 8:45 am] BILLING CODE 4510-79-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (07-008)] NASA International Space Station Advisory Committee; Meeting AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of meeting. SUMMARY: The National Aeronautics and Space Administration announces an open meeting of the NASA International Space Station Advisory Committee. DATES: Thursday, March 22, 2007, 1 p.m.-2 p.m. Eastern Daylight Time. ADDRESSES: NASA Headquarters, 300 E Street, SW., Room 7U39, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Mr. Larry Kenyon, Office of External Relations,

(202)358-0644, National Aeronautics and Space Administration, Washington, DC 20546-0001. SUPPLEMENTARY INFORMATION: This meeting will be open to the public up to the seating capacity of the room. Five seats will be reserved for members of the press. The agenda for the meeting is as follows: —To assess the operational readiness of the International Space Station to support a new crew. —To assess the Russian and American flight teams' preparedness to accomplish the Expedition Fifteen mission. —To assess the health and flight readiness of the Expedition Fifteen crew. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide the following information: full name; gender; date/place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, phone); title/position of attendee. To expedite admittance, attendees should provide identifying information in advance by contacting Larry Kenyon via e-mail at *Lawrence.a.kenyon@nasa.gov* or by telephone at

(202)358-0644 by Friday, March 16, 2007. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E7-2675 Filed 2-14-07; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of the information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Revision. 2. *The title of the information collection:* 10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities”. 3. *The form number if applicable:* Not applicable. 4. *How often the collection is required:* As necessary in order for NRC to meet its responsibilities to conduct a detailed review of applications for licenses, and amendments thereto, to construct and operate nuclear power plants, preliminary or final design approvals, design certifications, research and test facilities, reprocessing plants and other utilization and production facilities, licensed pursuant to the Atomic Energy Act of 1954, as amended, (the Act) and to monitor their activities. 5. *Who will be required or asked to report:* Licensees and applicants for nuclear power plants and research and test facilities. 6. *An estimate of the number of annual responses:* 45,513. 7. *The estimated number of annual respondents:* 187. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 6,181M; 3,141M hours reporting (an average of 69 hrs/response) + 3,040M hours recordkeeping (an average of 16K hrs/recordkeeper). 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* N/A. 10 *Abstract:* 10 CFR Part 50 of the NRC's regulations, “Domestic Licensing of Production and Utilization Facilities,” specifies technical information and data to be provided to the NRC or maintained by applicants and licensees so that the NRC may make determinations necessary to protect the health and safety of the public, in accordance with the Act. The reporting and recordkeeping requirements contained in 10 CFR 50 are mandatory for the affected licensees and applicants. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by March 19, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Molly C. Tokaz, Office of Information and Regulatory Affairs (3150-0011), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Molly_C._Tokaz@omb.eop.gov* or submitted by telephone at 202-395-4650. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 8th day of February, 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-2602 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 04000341] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. STC-133, for Unrestricted Release of the Defense Logistics Agency's Facility in Binghamton, New York AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of environmental assessment and finding of no significant impact for license amendment. FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-337-5366; fax number 610-337-5393; or by e-mail: *drl1@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of a license amendment to Source Materials License No. STC-133. This license is held by Defense Logistics Agency (the Licensee), for its Defense National Stockpile Center Binghamton Depot, located at Hoyt Avenue in Binghamton, New York (the Facility). Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated October 16, 2006. The NRC has prepared an Environmental Assessment

(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's October 16, 2006, license amendment request, resulting in release of the Facility for unrestricted use. License No. STC-133 was issued on July 27, 1983, pursuant to 10 CFR Part 40, and has been amended periodically since that time. This license authorized the Licensee to use unsealed byproduct material for purposes of storage, sampling, repackaging, and transferring materials. The Facility is situated on 57 acres of land and consists of warehouse and office space. The Facility is located in a mixed residential/industrial area. Within the Facility, use of licensed materials was confined to the fire station and warehouses 8, 10, 11, 12, 13, and 14. The area of use totaled approximately 34,000 square feet. On December 10, 2004, the Licensee ceased licensed activities and initiated a survey and decontamination of the Facility. Based on the Licensee's historical knowledge of the site and the conditions of the Facility, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of the Facility and provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted use of its Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Natural uranium and thorium. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensee conducted a final status survey on November 7-10, 2005, June 15-23, 2006, July 4-6, 2006, and August 3 and 4, 2006. This survey covered the areas of use as stated in the Final Status Survey Plan, dated February 2006. The final status survey report was enclosed with the Licensee's amendment request dated October 16, 2006, and an additional information letter dated December 19, 2006. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by developing derived concentration guideline levels (DCGLs) for its Facility. The Licensee conducted site-specific dose modeling using input parameters specific to the Facility and a conservative assumption that all residual radioactivity is in equilibrium. Federal Guidance Report Number 13 was used to modify the dose conversion factors because it is based on an improved, more realistic dosimetry model. The selected critical age group is adults as the expected future use of this facility will be industrial. Based on the type of building, railroad distribution, and truck access, there is no compelling evidence to indicate that the building will be used for anything other than industrial activities. The Licensee thus determined the maximum amount of residual radioactivity on building surfaces, equipment, materials, and soils that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The NRC previously reviewed the Licensee's methodology and proposed DCGLs, and concluded that the proposed DCGLs are acceptable for use as release criteria at the Facility. The NRC's approval of the Licensee's proposed DCGLs was published in the **Federal Register** on Tuesday, August 22, 2006, Volume 71, No. 162, pages 48952 and 48953. The Licensee's final status survey results were below these DCGLs, and are thus acceptable. The NRC staff conducted a confirmatory survey June 15-16, 2006. None of the confirmatory sample results exceeded the DCGLs established for the Facility. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material at the Facility. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facility for unrestricted use is in compliance with 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the Facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 40.42(d), requiring that decommissioning of source material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the State of New York's Department of Environmental Conservation for review on December 27, 2006. On January 29, 2007, New York State responded by electronic mail. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. NUREG-1757, “Consolidated NMSS Decommissioning Guidance;” 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 3. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 4. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 5. “Radiological Historical Site Assessment Report, Defense National Stockpile Center, Binghamton Deport, Binghamton, NY” dated February 2006 [ML060730408]; 6. “Final Status Survey Plan, DNSC, Binghamton Depot, Binghamton, NY” dated February 2006 [ML060730389]; 7. “Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. STC-133 Authorizing the Use of Site-Specific Derived Concentration Guideline Levels for Unrestricted Release of the Defense Logistics Agency, Defense Nuclear Supply Center Depot in Binghamton, NY” published in the **Federal Register** Volume 71, Number 162 on August 22, 2006, pages 48952 and 48953; 8. Defense Logistics Agency, Submittal of Final Status Survey Report for the Defense National Stockpile, Binghamton, NY Depot dated October 16, 2006 [ML062970211]; 9. Defense Logistics Agency, Deficiency Response Letter dated December 19, 2006 [ML063540612]; and 10. Defense Logistics Agency, Deficiency Response Facsimilie dated January 3, 2007 [ML070040099]. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Region 1, 475 Allendale Road, King of Prussia, this 5th day of February 2007. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1. [FR Doc. E7-2641 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Thermal-Hydraulic Phenomena; Revised The ACRS Subcommittee meeting on Thermal-Hydraulic Phenomena scheduled for Monday, February 26 and Tuesday, February 27, 2007, 11545 Rockville Pike, Rockville, Maryland in Room T-2B3 has been *rescheduled for a one day meeting on Tuesday, February 27, 2007* . All other items pertaining to this meeting remain the same as published previously in the **Federal Register** on Tuesday, January 30, 2007 (72 FR 4303). *For Future Information Contact:* Mr. Ralph Caruso, cognizant ACRS staff engineer (Telephone: 301-415-8065) between 7:30 a.m. and 4:15 p.m.

(ET)or by e-mail *rxc@nrc.gov* . Dated: February 8, 2007. David C. Fischer, Acting Branch Chief, ACRS/ACNW. [FR Doc. E7-2603 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Materials, Metallurgy, and Reactor Fuels; Postponed The ACRS Subcommittee meeting on Materials, Metallurgy, and Reactor Fuels scheduled to be held on February 22, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland has been postponed. Notice of this meeting was published on Wednesday, January 31, 2007 (72 FR 4537). Rescheduling of this meeting will be announced in a future **Federal Register** Notice. *For future information contact:* Mr. Ralph Caruso, cognizant ACRS staff engineer (telephone 301/415-8065) between 7:15 a.m. and 5 p.m.

(ET)or by e-mail *rxc@nrc.gov.* Dated: February 8, 2007. David C. Fischer, Acting Branch Chief, ACRS/ACNW. [FR Doc. E7-2620 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Materials, Metallurgy, and Reactor Fuels; Postponed The ACRS Subcommittee meeting on Materials, Metallurgy, and Reactor Fuels scheduled to be held on Wednesday, February 21, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland has been postponed to Tuesday, March 6, 2007, 1 p.m. until the conclusion of business. Also, a portion of this meeting may be closed to discuss industry proprietary information applicable to this matter, pursuant to 5 U.S.C. 552b(c)(4). All other items pertaining to this meeting remain the same as published previously in the **Federal Register** on Friday, February 2, 2007 (72 FR 5087). *For future information contact:* Mr. Gary Hammer, cognizant ACRS staff engineer (telephone 301/415-7363) between 7:15 a.m. and 5 p.m.

(ET)or by e-mail: *cgh@nrc.gov.* Date: February 8, 2007. David C. Fischer, Acting Branch Chief, ACRS. [FR Doc. E7-2622 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee On Reactor Safeguards; Meeting Notice In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards

(ACRS)will hold a meeting on March 8-10, 2007, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the **Federal Register** on Wednesday, November 15, 2006 (71 FR 66561). Thursday, March 8, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8 *:35 a.m.-10:15 a.m.: Technical Basis Associated with the Proposed NRC Staff Action for Dealing with the Dissimilar Metal Weld Issue* (Open/Closed)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff, their contractors, and the Nuclear Energy Institute regarding the technical basis for the proposed regulatory action for dealing with the dissimilar metal weld issue stemming from the Wolf Creek pressurizer weld flaws, as well as the industry activities associated with this matter. Note: A portion of this session may be closed to discuss industry proprietary information applicable to this matter, pursuant to 5 U.S.C. 552b(c)(4). *10:30 a.m.-12 noon: Proposed Revisions to Standard Review Plan

(SRP)Sections* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding SRP Sections 15.0, Accident Analysis—Introduction, and 15.9, BWR Core Stability. *1:30 p.m.-3:30 p.m.: Final Results of the Chemical Effects Head Loss Tests Related to the Resolution of the PWR Sump Performance Issues* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding final results of the chemical effects head loss tests in a pressurized water reactor

(PWR)sump pool environment, and related matters. *3:45 p.m.-5:15 p.m.: Technology Neutral Licensing Framework and Related Matters* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the Technology Neutral Licensing Framework, and the Commission request in the November 8, 2006 Staff Requirements Memorandum that the ACRS provide its views to the Commission with respect to the staff's work on Technology Neutral Licensing Framework with the focus on ensuring the value of such an approach versus the development of a licensing framework for specific designs. *5:30 p.m.-7 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports on matters considered during this meeting, as well as a proposed ACRS report on the TRACE thermal-hydraulic system analysis code. Friday, March 9, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-9 a.m.: Proposed Revisions to Regulatory Guides and SRP Sections in Support of New Reactor Licensing* (Open)—The Committee will discuss and determine whether to review proposed revisions to certain regulatory guides and Standard Review Plan

(SRP)Sections related to new reactor licensing. *9 a.m.-9:45 a.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee* (Open)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. Also, it will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, including anticipated workload and member assignments. *9:45 a.m.-10 a.m.: Reconciliation of ACRS Comments and Recommendations* (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. *10:15 a.m.-12 noon: Safeguards and Security Matters* (Closed) (Room T-8E8)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the research on mitigating strategies for new reactor designs. Note: This session will be closed to protect information classified as National Security information as well as safeguards information pursuant to 5 U.S.C. 552b(c)(1) and (3). *1:30 p.m.-6:30 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports. Saturday, March 10, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30a.m.-12:30 p.m.: Preparation of ACRS Reports* (Open)—The Committee will continue discussion of proposed ACRS reports. *12:30 p.m.-1 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on October 2, 2006 (71 FR 58015). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. In accordance with Subsection 10(d) P.L. 92-463, I have determined that it will be necessary to close portions of this meeting to discuss industry proprietary information, pursuant to 5 U.S.C. 552b(c)(4) and to protect information classified as National Security information as well as safeguards information pursuant to 5 U.S.C. 552b(c)(1) and (3). Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Mr. Sam Duraiswamy, Cognizant ACRS staff (301-415-7364), between 7:30 a.m. and 4 p.m., (ET). ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov* , or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System

(PARS)component of NRC's document system (ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/* (ACRS & ACNW Mtg schedules/agendas). Videoteleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m., (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the videoteleconferencing link. The availability of videoteleconferencing services is not guaranteed. Dated: February 9, 2007. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E7-2669 Filed 2-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice *Agency Holding the Meetings:* Nuclear Regulatory Commission. *Date:* Weeks of February 19, 26, 2007. *Place:* Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. *Status:* Public and Closed. *Additional Matters To Be Considered:* Week of February 19, 2007 Wednesday, February 21, 2007 9:30 a.m. Discussion of Security Issues (Closed-Ex. 1) Week of February 26, 2007—Tentative Tuesday, February 27, 2007 1:30 p.m. Discussion of Security Issues (Closed-Ex. 1) (Tentative) *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: February 12, 2007. Michelle Schroll, Office of the Secretary. [FR Doc. 07-736 Filed 2-13-07; 12:43 pm]

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