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Code · REGISTER · 2007-03-08 · DEPARTMENT OF LABOR · Notices

Notices. Notice of intent to grant exclusive license SUMMARY: This notice is issued in accordance with 35 U

13,123 words·~60 min read·/register/2007/03/08/07-1105

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BILLING CODE 4410-15-M DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance; Correction This notice corrects the Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance which was published in the **Federal Register** on February 27, 2007 (72 FR 8794-8795). This revises the reporting period dates on pages 8794-8795 to read February 12 through February 16, 2007 instead of January 12 through January 16, 2007.
Signed in Washington, DC, this 1st day of March 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-4058 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,136; TA-W-59,136B] Cranston Print Works Company, Design and Engraving Division, Cranston, RI; Cranston Print Works Company, Corporate Headquarters, Cranston, RI; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 21, 2006, applicable to workers of Cranston Print Works Company, Design and Engraving Division, Cranston, Rhode Island.
The notice was published in the **Federal Register** on May 10, 2006 (71 FR 27291). At the request of the company, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of artwork designs used by the subject firm to engrave rotary screens for printing textile fabrics. The company reports that worker separations occurred at the Corporate Headquarters facility of the subject firm where the workers provide administrative support functions for the subject firm's production plant located in Cranston, Rhode Island.
Based on these findings, the Department is amending the certification to include workers of the Cranston Print Works Company, Corporate Headquarters, Cranston, Rhode Island. The intent of the Department's certification is to include all workers of Cranston Print Works Company, Design and Engraving Division who were adversely affected by increased company imports. The amended notice applicable to TA-W-59,136 is hereby issued as follows: All workers of Cranston Print Works Company, Design and Engraving Division, Cranston, Rhode Island (TA-W-59,136) and Cranston Print Works Company, Corporate Headquarters, Cranston, Rhode Island (TA-W-59,136B), who became totally or partially separated from employment on or after March 6, 2005, through April 21, 2008, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 23rd day of February 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-4062 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,318] Delphi Corporation, Automotive Holdings Group, Anaheim, CA; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Delphi Corporation, Automotive Holdings Group, Anaheim, California.
The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued: *TA-W-60,318; Delphi Corporation, Automotive Holdings Group, Anaheim, California (February 23, 2007)* Signed at Washington, DC, this 27th day of February 2007.
Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-4063 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,936] Duro Textiles, LLC, Fall River, MA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 12, 2007 in response to a petition filed by a company official on behalf of workers at Duro Textiles, LLC, Fall River, Massachusetts.
The workers at the subject facility produce dyed, coated, and finished fabric. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 26th day of February 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-4065 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,982] Eaton Corporation—Truck Components, Galesburg, MI;
Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 20, 2007 in response to a worker petition filed a company official on behalf of workers at Eaton Corporation, Truck Components, Galesburg, Michigan. The petitioner has withdrawn the petition. Hence, this investigation is terminated. Signed at Washington, DC, this 22nd day of February 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc.
E7-4066 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act.
The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than March 19, 2007.
Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than March 19, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC. 20210.
Signed at Washington, DC, this 27th day of February 2007. Ralph Dibattista, Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 2/20/07 and 2/23/07] TA-W Subject firm (petitioners) Location Date of institution Date of petition 60978 First Alert/BRK Brands Inc. (Union) Aurora, IL 02/20/07 02/16/07 60979 Bright Wood Corporation (State) Madras, OR 02/20/07 02/16/07 60980 WestPoint Home
(Comp)Abbeville, AL 02/20/07 02/14/07 60981 Sunbeam Products Inc. d/b/a Jarden Consumer Solutions (State) Milford, MA 02/20/07 02/16/07 60982 Eaton Corporation
(Comp)Galesburg, MI 02/20/07 02/15/07 60983 United States Ceramic Tile Company
(USW)East Sparta, OH 02/20/07 02/15/07 60984 Westby Moulding and Millwork Company LLC
(Wkrs)Westby, WI 02/20/07 02/07/07 60985 Collins & Aikman (State) Havre de Grace, MD 02/20/07 02/15/07 60986 Sardelli International LLC
(Comp)Providence, RI 02/21/07 02/14/07 60987 Stant Manufacturing Co., Inc.
(UAW)Connersville, IN 02/21/07 02/16/07 60988 Collins & Aikman
(Wkrs)Americus, GA 02/21/07 02/15/07 60989 National Lumber #5 (Div. of Silvacor Inc.)
(Comp)Glasgow, KY 02/21/07 02/09/07 60990 Andersen Corporation (State) Menomenie, WI 02/21/07 02/15/07 60991 Heinz North America /Lea and Perrins
(Wkrs)Fairlawn, NJ 02/21/07 02/14/07 60992 Kimberly-Clark/Ballard Medical Products
(Comp)Draper, UT 02/21/07 02/19/07 60993 Guardian Automotive
(Wkrs)LaGrange, GA 02/21/07 02/14/07 60994 Yoder Brothers Inc.
(Comp)Pendleton, SC 02/21/07 02/15/07 60995 Distinctive Designs Furniture Inc. USA
(Wkrs)Granite Falls, NC 02/21/07 02/19/07 60996 Yamaha Music Manufacturing, Inc.
(Comp)Grand Rapids, MI 02/21/07 02/20/07 60997 Employment Solutions
(Comp)Fort Collins, CO 02/21/07 02/21/07 60998 Continental Industries, LLC
(Comp)Benzonia, MI 02/22/07 02/20/07 60999 Columbus Dispatch
(Comp)Columbus, OH 02/22/07 02/05/07 61000 Gibraltar DFC Strip Steel LLC
(USWA)Farrell, PA 02/22/07 02/20/07 61001 Optera Colorado
(Wrks)Longmont, CO 02/22/07 02/16/07 61002 Reddog Industries, Inc.
(Comp)Erie, PA 02/22/07 02/16/07 61003 Yamaha Corporation of America
(Comp)Grand Rapids, MI 02/22/07 02/20/07 61004 Seydel-Wolley and Co., Inc.
(Wkrs)Pendergrass, GA 02/22/07 02/12/07 61005 United States Sugar Processing, LLC
(Comp)Clewiston, FL 02/22/07 02/16/07 61006 CST, Inc.
(Comp)Mt. Carmel, IL 02/22/07 02/14/07 61007 Venture Lighting International
(Wkrs)Solon, OH 02/22/07 02/09/07 61008 Hutchens Ind.
(Wkrs)Springfield, MO 02/22/07 02/08/07 61009 Con Agra Foods (State) Edina, MN 02/22/07 02/21/07 61010 Avon Automotive
(Comp)Manton, MI 02/22/07 02/16/07 61011 Shafer Electronics (State) Shafer, MN 02/22/07 02/21/07 61012 Avan Tech Manufacturing LLC
(Comp)Mt. Pleasant, TN 02/22/07 02/21/07 61013 Elder Manufacturing Inc.
(Wkrs)St. Louis, MO 02/22/07 02/21/07 61014 Burma S Bibas (UNITE) Long Island City, NY 02/22/07 01/23/07 61015 Dan D Company (State) Tillamook, OR 02/22/07 02/21/07 61016 Modine Manufacturing Company
(Wkrs)Racine, WI 02/23/07 02/20/07 61017 Catawissa Lumber & Specialty Co. Inc.
(Comp)Catawissa, PA 02/23/07 02/15/07 61018 International Truck and Engine Corporation/TDTC
(UAW)Fort Wayne, IN 02/23/07 02/22/07 [FR Doc. E7-4059 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the period of February 19 through February 23, 2007. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) All of the Following Must Be Satisfied A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) Both of the Following Must Be Satisfied A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)Either—
(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)A loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. *None* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. *TA-W-60,704; Hewlett Packard Company, Technology Solutions Group Division, Mahwah, NJ: December 29, 2005* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. *None* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. *None* Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-60,785; Transportation Research Center, Inc., Contract Services, Moraine, OH: December 29, 2005* *TA-W-60,848; WestPoint Home, Inc., Graphics Facility, West Point, GA: January 27, 2006* *TA-W-60,901; Perfect Fit Glove Company, LLC, Subsidiary of Bacou Dalloz SA, Spherion, Adecco, EGW, Ablest, Buffalo, NY: February 1, 2006* *TA-W-60,907; Ski Country Imports, Inc., dba Ouray Sportswear, Denver, CO: February 2, 2006* *TA-W-60,913; Reed Sportswear, Detroit, MI: January 30, 2006* *TA-W-60,962; Mitchel Manufacturing, Div. of Quaker Lave, Honea Path, SC: February 6, 2006* *TA-W-60,506; Kelsey Hayes Company, A Subsidiary TRW Automotive, Mt. Vernon, OH: November 27, 2005* *TA-W-60,684; Mohican Mills, Inc., Fab Industries Corp, Lincolnton, NC: October 14, 2006* *TA-W-60,875; Vescom Corporation, Working at Georgia Pacific Corp., Ft. James Operating Division , Koch Ind., Hampden, ME: January 29, 2006* *TA-W-60,742; Jordan Alexander, Inc., Granite Falls, NC: January 10, 2006* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-60,783; Lear Corporation, Interior Systems Division, Carlisle, PA: February 5, 2007* *TA-W-60,838; Goodyear Tire and Rubber Corporation, Engineered Products Division, Lincoln, NE: January 18, 2007* *TA-W-60,864; Elcom, Inc., A Subsidiary of Yazaki International Corp., El Paso, TX: January 29, 2006* *TA-W-60,869; International Legwear Group, Also Know As Neuville Industries, Hickory Facility Division, Hickory, NC: January 30, 2006* *TA-W-60,943; Teamlinden, Div. of Fisher & Company, Linden, TN: January 23, 2006* *TA-W-60,578; Loud Technologies, Inc., Whitinsville, MA: December 11, 2005* *TA-W-60,744; Worthington Precision Metals, Franklin, TN: January 10, 2006* *TA-W-60,781; Hearth and Home Technologies, Colville, WA: January 12, 2006* *TA-W-60,795; Pride Manufacturing Company, Burnham, ME: January 19, 2006* *TA-W-60,833; Master Halco, Inc., Fontana, CA: January 23, 2006* *TA-W-60,845; Maida Development Company, Integrity Staffing Services, Hampton, VA: March 13, 2006* *TA-W-60,888; Triplett Corporation, Bluffton, OH: February 1, 2006* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-60,854; Unifi, Inc., Yadkinville, NC: January 29, 2006* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None* Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *None* The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *None* The Department has determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *TA-W-60,704; Hewlett Packard Company, Technology Solutions Group Division, Mahwah, NJ.* Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-60,763; Enkeboll Company (The), Raymond E Enkeboll, Carson, CA.* *TA-W-60,765; Woodhead, A Division of Molex, Industrial Division, Northbrook, IL.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-60,863; Intier Seating Systems, Lewisburg, TN.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-60,471; Armstrong Wood Products, Nashville, TN.* *TA-W-60,533; International Filing Company, Waukegan, IL.* *TA-W-60,792; Dexter Centerless Grinding, LLC, Ann Arbor, MI.* *TA-W-60,696; LeNature's, Inc., Latrobe, PA.* *TA-W-60,770; Regal Cutting Tools, Inc., Roscoe, IL.* *TA-W-60,347; Timken U.S. Corporation, Torrington, CT.* *TA-W-60,681; Boeing Company (The), Boeing Commercial Airplane, Commercial Aircraft Components, Oak Ridge, TN.* *TA-W-60,681A; Boeing Company (The), Boeing Commercial Airplane, Centrifuge Machine Components, Oak Ridge, TN.* The investigation revealed that the predominate cause of worker separations is unrelated to criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.C) (shift in production to a foreign country under a free trade agreement or a beneficiary country under a preferential trade agreement, or there has been or is likely to be an increase in imports). *None* The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-60,842; United Parcel Service Cartage, Inc., Dayton Hub Division, Dayton, OH.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *None* I hereby certify that the aforementioned determinations were issued during the period of February 19 through February 23, 2007. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: February 27, 2007. Ralph Dibattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-4060 Filed 3-7-07; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,442] Weyerhaeuser Company, Aberdeen, WA; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974, (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on January 25, 2006, applicable to workers of Weyerhaeuser Company, Large Log Mill, Aberdeen, Washington. The notice was published in the **Federal Register** on February 10, 2006 (71 FR 7077). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The Department limited the certification coverage to only workers of the Large Log Mill of the subject firm. New corrected information revealed that the Aberdeen, Washington location of Weyerhaeuser Company operates as a fully integrated work site and that the workers are not separately identifiable by product or location at the production complex. The intent of the Department's certification is to cover all workers manufacturing softwood dimensional lumber at Weyerhaeuser Company, Aberdeen, Washington, who were adversely affected by increased customer imports. Accordingly, the Department is amending the certification determination to properly reflect this matter. The amended notice applicable to TA-W-58,442 is hereby issued as follows: • All workers of Weyerhaeuser Company, Aberdeen, Washington, who became totally or partially separated from employment on after November 21, 2004, through January 25, 2008, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade Adjustment assistance under Section 246 of the Trade Act of 1997. Signed at Washington, DC, this 23rd day of January 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-4061 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,793] Weyerhaeuser Company, Aberdeen, WA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on January 19, 2007, in response to a petition filed by the United Brotherhood of Carpenters Industrial Union on behalf of workers at Weyerhaeuser Company, Aberdeen, Washington. This petitioning group of workers is covered by an active certification, (TA-W-58,442) that expires on January 25, 2008. Since the Department of Labor recently discovered that the workers are not separately identifiable by product line the Department of Labor amended on January 23, 2007 certification to include all workers of Weyerhaeuser Company, Aberdeen, Washington engaged in the production of softwood dimensional lumber. Consequently, further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation has been terminated. Signed in Washington, DC, this 26th day of February 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-4064 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,003] Yamaha Corporation of America, Grand Rapids, MI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on February 22, 2007, in response to a petition filed by a company official on behalf of workers at Yamaha Corporation of America, Grand Rapids, Michigan. This petitioning group of workers is covered by an earlier petition (TA-W-60,996) filed on February 21, 2007 that is the subject of an ongoing investigation for which a determination has not yet been issued. Consequently, further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation has been terminated. Signed in Washington, DC, this 27th day of February 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-4067 Filed 3-7-07; 8:45 am] BILLING CODE 4510-FN-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice 07-022] Notice of Intent To Grant Partially Exclusive License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of intent to grant exclusive license SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license worldwide to practice the inventions described and claimed in U.S. Patent Nos. 5,155,035, entitled “ Method for Culturing Mammalian Cells in a Perfused Bioreactor”; 5,153,133, entitled “Method for Culturing Mammalian Cells in a Horizontally Rotated Bioreactor”; 5,155,034, entitled “Three Dimensional Cell to Tissue Assembly Process”; 5,153,132, entitled “Three-Dimensional Co-culture Process”; 5,308,764, entitled “Multi-Cellular Three-Dimensional Living Mammalian Tissue”; 5,627,021, entitled “Three-Dimensional Co-Culture Process”; 5,153,131, entitled “High Aspect Reactor Vessel and Method of Use”; 5,496,722, entitled “Method for Producing Non-neoplastic, Three-dimensional, Mammalian Tissue and Cell Aggregates under Microgravity Culture Conditions and the Products Produced Therefrom”; 5,846,807, entitled “Media Compositions for Three-dimensional Mammalian Tissue Grown under Microgravity Culture Conditions”; 5,858,783, entitled “Production of Normal Mammalian Organ Culture Using a Medium Containing MEM-alpha, Leibovitz L-15, Glucose Galactose Fructose”; 5,962,324, entitled “Three Dimensional Optic Tissue Culture and Process”; 6,485,963, entitled “Growth Stimulation of Biological Cells and Tissue by Electromagnetic Fields and Uses Thereof”, 6,673,597, entitled “Growth Stimulation of Biological Cells and Tissue by Electromagnetic Fields and Uses Thereof”; 6,730,498, entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”; 6,946,246, entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, U.S. Patent Application Serial Number 10/734,759, entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, U.S. Patent Application Serial Number 10/947,786, entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, Foreign Patent No. 0423277 “Bio-Reactor Cell Culture Process”, Foreign Patent No. 1987294, “Bio-Reactor Cell Culture Process”, International Application No. PCT/US98/06826, European Application No. 98915320.0 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, International Application No. PCT/US98/06826, Japanese Application No. 10-540983 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, International Application No. PCT/US98/06826, Canadian Application No. 2286349 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, International Application No. PCT/US98/06826, Israeli Application No. 132264 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, International Application No. PCT/US98/06826, Mexican Application No. 999265 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, and International Application No. PCT/US98/06826, Brazilian Application No. 98915320.0 entitled “Production of Functional Proteins: Balance of Shear Stress and Gravity”, to Aedifico Biosciences, Inc., having its principal place of business in Beverly Hills, California. The fields of use may be limited to cosmetics and personal care products. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective partially exclusive license may be granted unless, within fifteen
(15)days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen
(15)days of the date of this published notice will also be treated as objections to the grant of the contemplated partially exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office of Chief Counsel, Mail Code AL, 2101 NASA Parkway, Houston, TX 77058,
(281)483-4871;
(281)483-6936 [Facsimile]. FOR FURTHER INFORMATION CONTACT: Kurt G. Hammerle, Patent Attorney, Office of Chief Counsel, Johnson Space Center, Mail Code AL, 2101 NASA Parkway, Houston, TX 77058, (281)483-1001; (281)483-6936 [Facsimile]. Information about other NASA inventions available for licensing can be found online at *http://technology.nasa.gov/.* Dated: March 1, 2007. Keith T. Sefton, Deputy General Counsel, Administration & Management. [FR Doc. E7-4099 Filed 3-7-07; 8:45 am] BILLING CODE 7510-13-P NATIONAL INSTITUTE FOR LITERACY National Institute for Literacy Advisory Board Meeting AGENCY: National Institute for Literacy. ACTION: Notice of Open Meeting With Partially Closed Session. SUMMARY: This notice sets forth the schedule and a summary of the agenda for an upcoming meeting of the National Institute for Literacy Advisory Board (Board). The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting. Individuals who will need accommodations for a disability in order to attend the meeting ( *e.g.* , interpreting services, assistive listening devices, or materials in alternative format) should notify Steve Langley at telephone number
(202)233-2043 no later than March 19, 2007. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. Date and Time: *Open sessions* —March 28, 2007, from 8:30 a.m. to 5:30 p.m. *Closed sessions* —March 28, 2007, from 5:30 p.m. to 6 p.m.; and March 29, 2007, from 8:30 a.m. to 2 p.m. ADDRESSES: The National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Steve Langley, National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006; telephone number:
(202)233-2043; e-mail: *slangley@nifl.gov.* SUPPLEMENTARY INFORMATION: The Board is established under section 242 of the Workforce Investment Act of 1998, P.L. 105-220 (20 U.S.C. 9252). The Board consists of ten individuals appointed by the President with the advice and consent of the Senate. The Board advises and makes recommendations to the Interagency Group that administers the Institute. The Interagency Group is composed of the Secretaries of Education, Labor, and Health and Human Services. The Interagency Group considers the Board's recommendations in planning the goals of the Institute and in implementing any programs to achieve those goals. Specifically, the Board performs the following functions:
(a)Makes recommendations concerning the appointment of the Director and the staff of the Institute;
(b)provides independent advice on operation of the Institute; and
(c)receives reports from the Interagency Group and the Institute's Director. The National Institute for Literacy Advisory Board will meet March 28-29, 2007. On March 28, 2007 from 8:30 a.m. to 5:30 p.m. and March 29, 2007 from 8:30 a.m. to 2 p.m., the Board will meet in open session to discuss strategic planning and the dissemination plan for the National Early Literacy Panel Report. On March 28, 2007 from 5:30 p.m. to 6 p.m., the Board will meet in closed session to discuss personnel issues. This discussion will relate to the Institute's internal personnel practices, including consideration of the Director's performance and salary. The discussion is likely to disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personnel privacy. The discussion must therefore be held in closed session under exemptions 2 and 6 of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). A summary of the activities at the closed session and related matters that are informative to the public and consistent with the policy of 5 U.S.C. 552b will be available to the public within 14 days of the meeting. Records are kept of all Advisory Board proceedings and are available for public inspection at the National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006, from 8:30 a.m. to 5 p.m. Dated: March 2, 2007. Sandra L. Baxter, Director. [FR Doc. E7-4132 Filed 3-7-07; 8:45 am] BILLING CODE 6055-01-P NUCLEAR REGULATORY COMMISSION [Docket No.: 70-1257; License No. SNM-1227; EA-06-231] In the Matter of Areva Np, Inc. Richland, WA and All Others Who Seek or Obtain Access to Safeguards Information; Described Herein: Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information (Effective Immediately) I AREVA NP, Inc., Richland, (AREVA NP—Richland) is the holder of Special Nuclear Material License No. SNM-1227 issued by the U.S. Nuclear Regulatory
(NRC)pursuant to 10 CFR Part 70. AREVA NP—Richland is authorized, by its license, to receive, possess, and transfer byproduct, source material, and special nuclear material in accordance with the Atomic Energy Act
(AEA)of 1954, as amended, and 10 CFR Part 70. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation
(FBI)identification and criminal history records check of any person who is to be permitted to have access to Safeguards Information (SGI). 1 The NRC's implementation of this requirement cannot await the completion of the SGI rulemaking, which is underway, because the EPAct fingerprinting and criminal history check requirements for access to SGI were immediately effective on enactment of the EPAct. Although the EPAct permits the Commission, by rule, to except certain categories of individuals from the fingerprinting requirement, which the Commission has done [see 10 CFR 73.59, 71 **Federal Register** 33989 (June 13, 2006)], it is unlikely that licensee employees are excepted from the fingerprinting requirement by the “fingerprinting relief” rule. Individuals relieved from fingerprinting and criminal history checks under the relief rule include: Federal, State, and local officials and law enforcement personnel; Agreement State Inspectors who conduct security inspections on behalf of the NRC; members of Congress and certain employees of members of Congress or Congressional Committees, and representatives of the International Atomic Energy Agency or certain foreign government organizations. In addition, individuals who have had a favorably-decided U.S. Government criminal history check within the last five
(5)years, and individuals who have active federal security clearances (provided in either case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for access to SGI, as set forth by this Order, so that affected licensees can obtain and grant access to SGI. This Order also imposes requirements for access to SGI by any person, 2 from any person, whether or not they are a licensee, applicant, or certificate holder of the Commission or an Agreement State. 1 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under Section 147 of the AEA. 2 Person means
(1)any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in Section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
(2)any legal successor, representative, agent, or agency of the foregoing. Subsequent to the terrorist events of September 11, 2001, the NRC issued Orders requiring certain entities to implement Additional Security Measures or Interim Compensatory Measures for certain radioactive materials. The requirements imposed by these Orders, and certain measures that licensees have developed to comply with the Orders, were designated by the NRC as SGI. For some materials licensees, the storage and handling requirements for the SGI have been modified from the existing 10 CFR Part 73 SGI requirements for reactors and fuel cycle facilities that require a higher level of protection; such SGI is designated as Safeguards Information-Modified Handling (SGI-M). However, the information subject to the SGI-M handling and protection requirements is SGI, and licensees and other persons who seek or obtain access to such SGI are subject to this Order. II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of SGI. Section 147 of the AEA grants the Commission explicit authority to issue such Orders as necessary to prohibit the unauthorized disclosure of SGI. Furthermore, Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and an FBI identification and a criminal history records check of each individual who seeks access to SGI. In addition, as required by existing Orders, which remain in effect, no person may have access to SGI unless the person has an established need-to-know and satisfies the trustworthiness and reliability requirements of those Orders. To provide assurance that AREVA NP—Richland is implementing appropriate measures to comply with the fingerprinting and criminal history check requirements for access to SGI, AREVA NP—Richland shall implement the requirements of this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 53, 62, 63, 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 30, 10 CFR Part 40, 10 CFR Part 70, and 10 CFR Part 73, it is hereby ordered, effective immediately, AREVA NP—Richland and all other persons who seek or obtain access to safeguards information described herein shall comply with the requirements set forth in this order. A. 1. No person may have access to SGI unless that person has a need-to-know the SGI, has been fingerprinted, has a favorably-decided FBI identification and criminal history records check, and satisfies all other applicable requirements for access to SGI. Fingerprinting and the FBI identification and criminal history records check are not required, however, for any person who is relieved from that requirement by 10 CFR 73.59 [71 **Federal Register** 33989 (June 13, 2006)], or who has had a favorably-decided U.S. Government criminal history check within the last five
(5)years, or who has an active federal security clearance, provided in each case that the appropriate documentation is made available to AREVA NP—Richland's NRC-approved reviewing official. 2. No person may have access to any SGI if the NRC, when making an SGI determination for a nominated reviewing official, has determined, based on fingerprinting and an FBI identification and criminal history records check, that the person may not have access to SGI. B. No person may provide SGI to any other person except in accordance with Condition III.A. above. Prior to providing SGI to any person, a copy of this Order shall be provided to that person. C. AREVA NP—Richland shall comply with the following requirements: 1. AREVA NP—Richland shall, within twenty
(20)days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of the Attachment to this Order. 2. AREVA NP—Richland shall, within twenty
(20)days of the date of this Order, submit the fingerprints of one
(1)individual who currently has access to SGI, in accordance with the previously-issued NRC Orders, who continues to need access to SGI, and whom AREVA NP—Richland nominates as the “reviewing official” for determining access to SGI by other individuals. The NRC will determine whether this individual (or any subsequent reviewing official) may have access to SGI and, therefore, will be permitted to serve as AREVEA NP—Richland's reviewing official. 3 AREVA NP—Richland may, at the same time, or later, submit the fingerprints of other individuals to whom AREVA NP—Richland seeks to grant access to SGI. Fingerprints shall be submitted and reviewed in accordance with the procedures described in the Attachment to this Order. 3 The NRC's determination of this individual's access to SGI, in accordance with the process described in Enclosure 3 to the transmittal letter of this Order, is an administrative determination that is outside the scope of this Order. 3. AREVA NP—Richland may allow any individual who currently has access to SGI in accordance with the previously-issued NRC Orders to continue to have access to previously-designated SGI without being fingerprinted, pending a decision by the NRC-approved reviewing official (based on fingerprinting, an FBI criminal history records check and a trustworthiness and reliability determination) that the individual may continue to have access to SGI. AREVA NP—Richland shall make determinations on continued access to SGI within ninety
(90)days of the date of this Order, in part on the results of the fingerprinting and criminal history check, for those individuals who were previously granted access to SGI before the issuance of this Order. 4. AREVA NP—Richland shall, in writing, within twenty
(20)days of the date of this Order, notify the Commission:
(1)If it is unable to comply with any of the requirements described in the Order, including the Attachment; or
(2)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide AREVA NP—Richland's justification for seeking relief from, or variation of, any specific requirement. AREVA NP—Richland responses to C.1., C.2., C.3., and C.4. above shall be submitted to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR. 2.390.” The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions on demonstration of good cause by AREVA NP—Richland. IV In accordance with 10 CFR 2.202, AREVA NP—Richland must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing regarding this Order, within twenty
(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for an extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law by which AREVA NP—Richland, or other entities adversely affected, rely, and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies shall also be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to AREVA NP—Richland if the answer or hearing request is by an entity other than AREVA NP—Richland. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission to 301-415-1101, or via e-mail to *hearingdocket@nrc.gov,* and also to the Office of the General Counsel, either by means of facsimile transmission to 301-415-3725, or via e-mail to *OGCMailCenter@nrc.gov.* If an entity other than AREVA NP—Richland requests a hearing, that entity shall set forth with particularity the manner in which its interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by AREVA NP—Richland or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), AREVA NP—Richland may, in addition to demanding a hearing, at the time the answer is filed, or sooner, move that the presiding officer set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires if a hearing request has not been received. An Answer or a Request for Hearing Shall Not Stay the Immediate Effectiveness of this Order. Dated at Rockville, Maryland, this 1st day of March 2007. For The Nuclear Regulatory Commission. Jack R. Strosnider, Director Office of Nuclear Material Safety and Safeguards. Attachment 1—Requirements for Fingerprinting and Criminal History Records Checks of Individuals When Licensee's Reviewing Official is Determining Access to Safeguards Information General Requirements Licensees shall comply with the requirements of this attachment. A. 1. Each licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted access to Safeguards Information (SGI). The licensee shall review and use the information received from the Federal Bureau of Investigation
(FBI)and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the “Right to Correct and Complete Information” section of this attachment. 3. Fingerprints need not be taken if an employed individual (e.g., a licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.59, has had a favorably-decided U.S. Government criminal history records check within the last five
(5)years, or has an active federal security clearance. Written confirmation from the Agency/employer which granted the federal security clearance or reviewed the criminal history records check must be provided. The licensee must retain this documentation for a period of three
(3)years from the date the individual no longer requires access to SGI associated with the licensee's activities. 4. All fingerprints obtained by the licensee, pursuant to this Order, must be submitted to the Commission for transmission to the FBI. 5. The licensee shall review the information received from the FBI and consider it in conjunction with the trustworthy and reliability established by the previous SGI Protection Order, dated November 5, 2004, when making a determination to grant access to SGI to individuals who have a need-to-know. 6. The licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for access to SGI. 7. The licensee shall document the basis for its determination whether to grant access to SGI. B. The licensee shall notify the NRC of any desired change in reviewing officials. The NRC will determine whether the individual nominated as the new reviewing official may have access to SGI based on a previously-obtained, or new criminal history check and, therefore, will be permitted to serve as the licensee's reviewing official. Prohibitions A licensee shall not base a final determination to deny an individual access to SGI solely on the basis of information received from the FBI involving: An arrest more than one
(1)year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T-6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking access to SGI, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing to the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling
(301)415-5877, or by e-mail to *forms@nrc.gov* . Practicable alternative formats are set forth in 10 CFR 73.4. The licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD-258 fingerprint record containing omissions or evident errors will be returned to the licensee for corrections. The fee for processing fingerprint checks includes one re-submission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier's check, money order, or electronic payment, made payable to “U.S. NRC.” [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at
(301)415-7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint records submitted by the NRC on behalf of a licensee, and an NRC processing fee, which covers administrative costs associated with the NRC handling of licensee fingerprint submissions. The Commission will directly notify licensees who are subject to this regulation of any fee changes. The Commission will forward, to the submitting licensee, all data received from the FBI as a result of the licensee's application(s) for criminal history records checks, including the FBI fingerprint record. Right to Correct and Complete Information Prior to any final adverse determination, the licensee shall make available, to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the licensee for a period of one
(1)year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency ( *i.e.* , law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation, Identification Division, Washington, DC 20537-9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The licensee must provide at least ten
(10)days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The licensee may make a final SGI access determination based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on access to SGI, the licensee shall provide the individual its documented basis for denial. Access to SGI shall not be granted to an individual during the review process. Protection of Information 1. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining access to Safeguards Information. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another licensee if the licensee holding the criminal history record check receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining licensee verifies information such as the individual's name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three
(3)years after termination of employment or determination of access to SGI (whether access was approved or denied). After the required three
(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E7-4158 Filed 3-7-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-06-231; Docket No. 70-1201; License No. SNM-1168] In the Matter of Areva NP, Inc., Lynchburg, Va, and All Others Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information (Effective Immediately) I AREVA NP, Inc., Lynchburg, (AREVA NP—Lynchburg) is the holder of Special Nuclear Material License No. SNM-1168, issued by the U.S. Nuclear Regulatory
(NRC)pursuant to 10 CFR Part 70. AREVA NP—Lynchburg is authorized, by its license, to receive, possess, and transfer byproduct, source material, and special nuclear material in accordance with the Atomic Energy Act
(AEA)of 1954, as amended, and 10 CFR Part 70. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct, amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation
(FBI)identification and criminal history records check of any person who is to be permitted to have access to Safeguards Information (SGI). 1 The NRC's implementation of this requirement cannot await the completion of the SGI rulemaking, which is underway, because the EPAct fingerprinting and criminal history check requirements for access to SGI were immediately effective on enactment of the EPAct. Although the EPAct permits the Commission, by rule, to except certain categories of individuals from the fingerprinting requirement, which the Commission has done [see 10 CFR 73.59, 71 FR 33989 (June 13, 2006)], it is unlikely that licensee employees are excepted from the fingerprinting requirement by the “fingerprinting relief” rule. Individuals relieved from fingerprinting and criminal history checks under the relief rule include: Federal, State, and local officials and law enforcement personnel; Agreement State Inspectors who conduct security inspections on behalf of the NRC; members of Congress and certain employees of members of Congress or Congressional Committees, and representatives of the International Atomic Energy Agency or certain foreign government organizations. In addition, individuals who have had a favorably-decided U.S. Government criminal history check within the last five
(5)years, and individuals who have active federal security clearances (provided in either case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for access to SGI, as set forth by this Order, so that affected licensees can obtain and grant access to SGI. This Order also imposes requirements for access to SGI by any person, 2 from any person, whether or not they are a licensee, applicant, or certificate holder of the Commission or an Agreement State. 1 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under Section 147 of the AEA. 2 Person means
(1)any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in Section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
(2)any legal successor, representative, agent, or agency of the foregoing. Subsequent to the terrorist events of September 11, 2001, the NRC issued Orders requiring certain entities to implement Additional Security Measures or Interim Compensatory Measures for certain radioactive materials. The requirements imposed by these Orders, and certain measures that licensees have developed to comply with the Orders, were designated by the NRC as SGI. For some materials licensees, the storage and handling requirements for the SGI have been modified from the existing 10 CFR Part 73 SGI requirements for reactors and fuel cycle facilities that require a higher level of protection; such SGI is designated as Safeguards Information-Modified Handling (SGI-M). However, the information subject to the SGI-M handling and protection requirements is SGI, and licensees and other persons who seek or obtain access to such SGI are subject to this Order. II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of SGI. Section 147 of the AEA grants the Commission explicit authority to issue such Orders, as necessary, to prohibit the unauthorized disclosure of SGI. Furthermore, Section 652 of the EPAct, amended Section 149 of the AEA to require fingerprinting and an FBI identification and a criminal history records check of each individual who seeks access to SGI. In addition, as required by existing Orders, which remain in effect, no person may have access to SGI unless the person has an established need-to-know and satisfies the trustworthiness and reliability requirements of those Orders. To provide assurance that AREVA NP—Lynchburg is implementing appropriate measures to comply with the fingerprinting and criminal history check requirements for access to SGI, AREVA NP—Lynchburg shall implement the requirements of this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 53, 62, 63, 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR part 30, 10 CFR part 40, 10 CFR part 70, and 10 CFR part 73, *it is hereby ordered* , effective immediately, Areva NP—Lynchburg and all other persons who seek or obtain access to safeguards information described herein shall comply with the requirements set forth in this order. A.1. No person may have access to SGI unless that person has a need-to-know the SGI, has been fingerprinted, has a favorably-decided FBI identification and criminal history records check, and satisfies all other applicable requirements for access to SGI. Fingerprinting and the FBI identification and criminal history records check are not required, however, for any person who is relieved from that requirement by 10 CFR 73.59 [71 FR 33989 (June 13, 2006)], or who has had a favorably-decided U.S. Government criminal history check within the last five
(5)years, or who has an active federal security clearance, provided in each case that the appropriate documentation is made available to AREVA NP—Lynchburg's NRC-approved reviewing official. 2. No person may have access to SGI if the NRC, when making a SGI access determination for a nominated reviewing official, has determined, based on fingerprinting and an FBI identification and criminal history records check, that the person may not have access to SGI. B. No person may provide SGI to any other person except in accordance with Condition III.A. above. Prior to providing SGI to any person, a copy of this Order shall be provided to that person. C. AREVA NP—Lynchburg shall comply with the following requirements: 1. AREVA NP—Lynchburg shall, within twenty
(20)days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of the Attachment to this Order. 2. AREVA NP—Lynchburg shall, within twenty
(20)days of the date of this Order, submit the fingerprints of one
(1)individual who currently has access to SGI, in accordance with the previously-issued NRC Orders, who continues to need access to SGI, and whom AREVA NP—Lynchburg nominates as the “reviewing official” for determining access to SGI by other individuals. The NRC will determine whether this individual (or any subsequent reviewing official) may have access to SGI and, therefore, will be permitted to serve as AREVEA NP—Lynchburg's reviewing official. 3 AREVA NP—Lynchburg may, at the same time, or later, submit the fingerprints of other individuals to whom AREVA NP—Lynchburg seeks to grant access to SGI. Fingerprints shall be submitted and reviewed in accordance with the procedures described in the Attachment to this Order. 3 The NRC's determination of this individual's access to SGI, in accordance with the process described in Enclosure 3 to the transmittal letter of this Order, is an administrative determination that is outside the scope of this Order. 3. AREVA NP—Lynchburg may allow any individual who currently has access to SGI, in accordance with the previously-issued NRC Orders, to continue to have access to previously-designated SGI without being fingerprinted, pending a decision by the NRC-approved reviewing official (based on fingerprinting, an FBI criminal history records check and a trustworthiness and reliability determination) that the individual may continue to have access to SGI. AREVA NP—Lynchburg shall make determinations on continued access to SGI, within ninety
(90)days of the date of this Order, in part on the results of the fingerprinting and criminal history check, for those individuals who were previously granted access to SGI before the issuance of this Order. 4. AREVA NP—Lynchburg shall, in writing, within twenty
(20)days of the date of this Order, notify the Commission:
(1)if it is unable to comply with any of the requirements described in the Order, including the Attachment; or
(2)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide AREVA NP—Lynchburg's justification for seeking relief from, or variation of, any specific requirement. AREVA NP—Lynchburg responses to C.1., C.2., C.3., and C.4. above shall be submitted to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR. 2.390.” The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions on demonstration of good cause by AREVA NP—Lynchburg. IV In accordance with 10 CFR 2.202, AREVA NP—Lynchburg must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing regarding this Order, within twenty
(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for an extension of time in which to submit an answer, or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law by which AREVA NP—Lynchburg, or other entities adversely affected, rely, and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies shall also be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to AREVA NP—Lynchburg if the answer or hearing request is by a person other than AREVA NP—Lynchburg. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission to 301-415-1101, or via e-mail to *hearingdocket@nrc.gov,* and also to the Office of the General Counsel, either by means of facsimile transmission to 301-415-3725, or via e-mail to *OGCMailCenter@nrc.gov.* If an entity other than AREVA NP—Lynchburg requests a hearing, that entity shall set forth with particularity the manner in which its interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by AREVA NP—Lynchburg or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), AREVA NP—Lynchburg may, in addition to demanding a hearing, at the time the answer is filed, or sooner, move that the presiding officer set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III, shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated at Rockville, Maryland, this 1st day of March 2007. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. Attachment 1—Requirements for Fingerprinting and Criminal History Records Checks of Individuals When Licensee's Reviewing Official Is Determining Access to Safeguards Information General Requirements Licensees shall comply with the requirements of this attachment. A.1. Each licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted access to Safeguards Information (SGI). The licensee shall review and use the information received from the Federal Bureau of Investigation
(FBI)and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the “Right to Correct and Complete Information” section of this attachment. 3. Fingerprints need not be taken if an employed individual (e.g., a licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.59, has had a favorably-decided U.S. Government criminal history records check within the last five
(5)years, or has an active federal security clearance. Written confirmation from the Agency/employer which granted the federal security clearance or reviewed the criminal history records check must be provided. The licensee must retain this documentation for a period of three
(3)years from the date the individual no longer requires access to SGI associated with the licensee's activities. 4. All fingerprints obtained by the licensee, pursuant to this Order, must be submitted to the Commission for transmission to the FBI. 5. The licensee shall review the information received from the FBI and consider it in conjunction with the trustworthy and reliability established by the previous SGI Protection Order, dated November 5, 2004, when making a determination to grant access to SGI to individuals who have a need-to-know. 6. The licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for access to SGI. 7. The licensee shall document the basis for its determination whether to grant access to SGI. B. The licensee shall notify the NRC of any desired change in reviewing officials. The NRC will determine whether the individual nominated as the new reviewing official may have access to SGI based on a previously-obtained, or new criminal history check and, therefore, will be permitted to serve as the licensee's reviewing official. Prohibitions A licensee shall not base a final determination to deny an individual access to SGI solely on the basis of information received from the FBI involving: an arrest more than one
(1)year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T-6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking access to SGI, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing to the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling
(301)415-5877, or by e-mail to *forms@nrc.gov.* Practicable alternative formats are set forth in 10 CFR 73.4. The licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD-258 fingerprint record containing omissions or evident errors will be returned to the licensee for corrections. The fee for processing fingerprint checks includes one re-submission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier's check, money order, or electronic payment, made payable to “U.S. NRC.” [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at
(301)415-7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint records submitted by the NRC on behalf of a licensee, and an NRC processing fee, which covers administrative costs associated with the NRC handling of licensee fingerprint submissions. The Commission will directly notify licensees who are subject to this regulation of any fee changes. The Commission will forward, to the submitting licensee, all data received from the FBI as a result of the licensee's application(s) for criminal history records checks, including the FBI fingerprint record. Right To Correct and Complete Information Prior to any final adverse determination, the licensee shall make available, to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the licensee for a period of one
(1)year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation, Identification Division, Washington, DC 20537-9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The licensee must provide at least ten
(10)days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The licensee may make a final SGI access determination based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on access to SGI, the licensee shall provide the individual its documented basis for denial. Access to SGI shall not be granted to an individual during the review process. Protection of Information 1. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining access to Safeguards Information. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another licensee if the licensee holding the criminal history record check receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining licensee verifies information such as the individual's name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three
(3)years after termination of employment or determination of access to SGI (whether access was approved or denied). After the required three
(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E7-4159 Filed 3-7-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of March 12, 2007: A Closed Meeting will be held on Monday, March 12, 2007 at 2 p.m. Commissioners, Counsels to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and
(10)and 17 CFR 200.402(a) (3), (5), (7), 9(ii) and
(10)permit consideration of the scheduled matters at the Closed Meeting. Commissioner Campos, as duty officer, voted to consider the items listed for the closed meeting in a closed session. The subject matter of the Closed Meeting scheduled for Monday, March 12, 2007 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; An adjudicatory matter; and Other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at
(202)551-5400. Dated: March 5, 2007, Nancy M. Morris, Secretary. [FR Doc. 07-1105 Filed 3-6-07; 11:45 am]
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