Notices. Notice of Rate Adjustment

11,621 words·~53 min read·/register/2007/12/04/07-5936

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4410-11-M DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated August 16, 2007, and published in the **Federal Register** on August 27, 2007 (72 FR 49018), Boehringer Ingelheim Chemicals, Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule Tetrahydrocannabinols

(7370)I Amphetamine

(1100)II Methylphenidate

(1724)II Methadone

(9250)II Methadone Intermediate

(9254)II Dextropropoxyphene, bulk (non-dosage forms)

(9273)II Fentanyl

(9801)II The company plans to manufacture the listed controlled substances in bulk for sale to its customers for formulation into finished pharmaceuticals. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Boehringer Ingelheim Chemicals, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Boehringer Ingelheim Chemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-23480 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated August 16, 2007, and published in the **Federal Register** on August 28, 2007, (72 FR 49315-49316), Cerilliant Corporation, 811 Paloma Drive, Suite A, Round Rock, Texas 78664, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule Cathinone

(1235)I Methcathinone

(1237)I N-Ethylamphetamine

(1475)I N,N-Dimethylamphetamine

(1480)I Aminorex

(1585)I 4-Methylaminorex (cis isomer)

(1590)I Gamma-Hydroxybutyric acid

(2010)I Methaqualone

(2565)I Alpha-Ethyltryptamine

(7249)I Lysergic acid diethylamide

(7315)I Marihuana

(7360)I Tetrahydrocannabinols

(7370)I Mescaline

(7381)I 3,4,5-Trimethoxyamphetamine

(7390)I 4-Bromo-2,5-dimethoxyamphetamine

(7391)I 4-Bromo-2,5-dimethoxyphenethylamine

(7392)I 4-Methyl-2,5-dimethoxyamphetamine

(7395)I 2,5-Dimethoxyamphetamine

(7396)I 2,5-Dimethoxy-4-ethylamphetamine

(7399)I 3,4-Methylenedioxyamphetamine

(7400)I 5-Methoxy-3,4-methylenedioxyamphetamine

(7401)I N-Hydroxy-3,4-methylendioxyamphetamine

(7402)I 3,4-Methylendioxy-N-ethylamphetamine

(7404)I 3,4-Methylenedioxymethamphetamine

(7405)I 4-Methoxyamphetamine

(7411)I Alpha-methyltryptamine

(7432)I Bufotenine

(7433)I Diethyltryptamine

(7434)I Dimethyltryptamine

(7435)I Psilocybin

(7437)I Psilocyn

(7438)I Acetyldihydrocodeine

(9051)I Benzylmorphine

(9052)I Codeine-N-oxide

(9053)I Dihydromorphine

(9145)I Heroin

(9200)I Hydromorphinol

(9301)I Methyldihydromorphine

(9304)I Morphine-N-oxide

(9307)I Normorphine

(9313)I Pholcodine

(9314)I Acetylmethadol

(9601)I Allylprodine

(9602)I Alphacetylmethadol except levo-alphacetylmethadol

(9603)I Alphameprodine

(9604)I Alphamethadol

(9605)I Betacetylmethadol

(9607)I Betameprodine

(9608)I Betamethadol

(9609)I Betaprodine

(9611)I Hydroxypethidine

(9627)I Noracymethadol

(9633)I Norlevorphanol

(9634)I Normethadone

(9635)I Trimeperidine

(9646)I Phenomorphan

(9647)I Para-Fluorofentanyl

(9812)I 3-Methylfentanyl

(9813)I Alpha-Methylfentanyl

(9814)I Acetyl-alpha-methylfentanyl

(9815)I Beta-hydroxyfentanyl

(9830)I Beta-hydroxy-3-methylfentanyl

(9831)I Alpha-Methylthiofentanyl

(9832)I 3-Methylthiofentanyl

(9833)I Thiofentanyl

(9835)I Amphetamine

(1100)II Methamphetamine

(1105)II Phenmetrazine

(1631)II Methylphenidate

(1724)II Ambobarbital

(2125)II Pentobarbital

(2270)II Secobarbital

(2315)II Glutethimide

(2550)II Nabilone

(7379)II 1-Phenylcyclohexylamine

(7460)II Phencyclidine

(7471)II 1-Piperidinocyclohexanecarbonitrile

(8603)II Alphaprodine

(9010)II Cocaine

(9041)II Codeine

(9050)II Dihydrocodeine

(9120)II Oxycodone

(9143)II Hydromorphone

(9150)II Diphenoxylate

(9170)II Benzoylecgonine

(9180)II Ethylmorphine

(9190)II Hydrocodone

(9193)II Levomethorphan

(9210)II Levorphanol

(9220)II Isomethadone

(9226)II Meperidine

(9230)II Methadone

(9250)II Methadone intermediate

(9254)II Dextropropoxyphene, bulk (non-dosage forms)

(9273)II Morphine

(9300)II Thebaine

(9333)II Levo-alphacetylmethadol

(9648)II Oxymorphone

(9652)II Noroxymorphone

(9668)II Racemethorphan

(9732)II Alfentanil

(9737)II Sufentanil

(9740)II Fentanyl

(9801)II The company plans to manufacture small quantities of the listed controlled substances to make reference standards which will be distributed to their customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cerilliant Corporation to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Cerilliant Corporation to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-23508 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated July 31, 2007, and published in the **Federal Register** on August 9, 2007, (72 FR 44860-44861), Chattem Chemicals, Inc., 3801 St. Elmo Avenue, Building 18, Chattanooga, Tennessee 37409, made application by letter to the Drug Enforcement Administration

(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Lisdexamfetamine

(1205)II Remifentanil

(9739)II The company plans to manufacture the listed controlled substances in bulk for sale to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Chattem Chemicals, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Chattem Chemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-23510 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated September 21, 2007 and published in the **Federal Register** on September 27, 2007, (72 FR 54930), Chattem Chemicals, Inc., 3801 St. Elmo Avenue, Building 18, Chattanooga, Tennessee 37409, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as an importer of the basic classes of controlled substances listed in schedule II: Drug Schedule Methamphetamine

(1105)II Phenylacetone

(8501)II Raw Opium

(9600)II Poppy Straw Concentrate

(9670)II The company plans to import the listed controlled substances to manufacture bulk controlled substances for sale to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Chattem Chemicals, Inc. to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Chattem Chemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with State and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-23512 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated August 16, 2007, and published in the **Federal Register** on August 27, 2007, (72 FR 49020), Chemic Laboratories, Inc., 480 Neponset Street, Building 7, Canton, Massachusetts 02021, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as a bulk manufacturer of Cocaine (9041), a basic class of controlled substance listed in schedule II. The company plans to manufacture small quantities of the above listed controlled substance for distribution to its customers for the purpose of research. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Chemic Laboratories, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Chemic Laboratories, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with State and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-23511 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Ammar Sabbagh; Denial of Application On June 12, 2006, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Ammar Sabbagh (Respondent), of Sheridan, Oregon. The Show Cause Order proposed the denial of Respondent's pending application for a DEA Certificate of Registration as a distributor of the list I chemicals ephedrine and pseudoephedrine, on the ground that his “registration would be inconsistent with the public interest.” Show Cause Order at 1 (quoting 21 U.S.C. 823(h)). More specifically, the Show Cause Order alleged that on November 4, 2005, Respondent pled guilty to conspiring to distribute pseudoephedrine, in violation of 21 U.S.C. 841(c)(2)-(3), and 846. *Id.* at 2. The Show Cause Order thus alleged that Respondent's proposed sales of list I chemical products would be inconsistent with the public interest. *Id.* The Show Cause Order further informed Respondent of his right to request a hearing on the allegations. *Id.* On June 19, 2006, the Show Cause Order was served on Respondent by certified mail addressed to him at his new residence at the Federal Correctional Institution in Sheridan, Oregon. Since that time, neither Respondent, nor anyone purporting to represent him, has responded. Because

(1)more than thirty days have passed since service of the Show Cause Order, and

(2)Respondent did not timely request a hearing, I conclude that Respondent has waived his right to a hearing. *See* 21 CFR 1301.43(d). I therefore enter this Final Order without a hearing based on relevant material contained in the investigative file and make the following findings. Findings On December 10, 1999, Respondent applied for a DEA Certificate of Registration to distribute the list I chemicals ephedrine and pseudoephedrine. *See* 21 U.S.C. 802(34). While both chemicals have therapeutic uses, they are easily extracted from non-prescription drug products and used in the illicit manufacture of methamphetamine, a schedule II controlled substance. *See* 21 CFR 1308.12(d). Methamphetamine is a powerful and addictive central nervous system stimulant. *See Gregg Brothers Wholesale Co., Inc.,* 71 FR 59830 (2006). As noted in numerous agency orders, the illegal manufacture and abuse of methamphetamine pose a grave threat to this country. Methamphetamine abuse has destroyed numerous lives and families and ravaged communities. Moreover, because of the toxic nature of the chemicals used to make methamphetamine, its manufacture causes serious environmental harms. *See, e.g., Id.* During the course of investigating Respondent's application, DEA became aware that he was selling large quantities of pseudoephedrine to an individual he knew was using methamphetamine. Thereafter, Respondent also began supplying pseudoephedrine to several methamphetamine traffickers. Respondent also met with a confidential source and agreed to supply him with twenty to twenty-five cases a month of pseudoephedrine. On March 2, 2005, a federal grand jury returned an indictment which charged Respondent with conspiring to distribute pseudoephedrine, having knowledge and reasonable cause to believe that it would be used to manufacture methamphetamine. First Superseding Indictment, *United States* v. *Sabbagh, et. al.,* No. CR04-398L, (W.D.Wash.) (citing 21 U.S.C. 841(c) & (e); *Id.* 846). On March 10, 2005, Respondent pled guilty to the charge, and on November 4, 2005, the United States District Court entered a judgment of conviction. The court then sentenced Respondent to terms of thirty-six months imprisonment followed by three years of supervised release. *See United States* v. *Sabbagh,* Judgment at 1-3. Discussion Section 303(h) of the CSA provides that “[t]he Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest.” 21 U.S.C. 823(h). In making this determination, Congress directed that I consider the following factors:

(1)Maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels;

(2)Compliance by the applicant with applicable Federal, State, and local law;

(3)Any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law;

(4)Any past experience of the applicant in the manufacture and distribution of chemicals; and

(5)Such other factors as are relevant to and consistent with the public health and safety. *Id.* “These factors are considered in the disjunctive.” *Joy's Ideas,* 70 FR 33195, 33197 (2005). I may rely on any one or a combination of factors, and may give each factor the weight I deem appropriate in determining whether an application for a registration should be denied. *See, e.g.* , *David M. Starr,* 71 FR 39367, 39368 (2006); *Energy Outlet,* 64 FR 14269 (1999). Moreover, I am “not required to make findings as to all of the factors.” *Hoxie* v. *DEA,* 419 F.3d 477, 482 (6th Cir. 2005); *Morall* v. *DEA,* 412 F.3d 165, 173-74 (D.C. Cir. 2005). Given Respondent's conviction for conspiring to distribute pseudoephedrine knowing that it would be used to manufacture methamphetamine, I conclude that factor three is dispositive and that it is unnecessary to make findings as to the remaining factors. Respondent's conviction indisputably establishes that granting him a registration would be “inconsistent with the public interest.” 21 U.S.C. 823(h). Respondent's application will therefore be denied. Order Pursuant to the authority vested in me by 21 U.S.C. 823(h), and 28 CFR 0.100(b) & 0.104, I order that the application of Ammar Sabbagh for a DEA Certificate of Registration as a distributor of list I chemicals be, and it hereby is, denied. This order is effective January 3, 2008. Dated: November 21, 2007. Michele M. Leonhart, Deputy Administrator. [FR Doc. E7-23476 Filed 12-3-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request November 28, 2007. The Department of Labor

(DOL)hereby announces the submission the following public information collection requests

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov.* Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, *Attn:* Brenda Aguilar, OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), E-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Notice to Participants and Beneficiaries and the Federal Government of Electing One Percent Increased Cost Exemption. *OMB Control Number:* 1210-0105. *Affected Public:* Private Sector: Business or other for-profit. *Estimated Number of Respondents:* 10. *Estimated Total Annual Burden Hours:* 300. *Estimated Total Annual Cost Burden:* $7,000. *Description:* Group health plans may be exempted from Mental Health Party Act of 1996 (Pub. L. 104-194) requirements for parity between mental health and medical/surgical benefits if parity would result in cost increase of one percent or more. This request pertains to notice to participants and beneficiaries and the Federal Government that is required in order to make use of the exemption. For additional information, please refer to a related notice published at 72 FR 54072 on September 21, 2007 and the interim final rule published at 62 FR 66931 on December 22, 1997. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Calculation and Disclosure of Documentation of Eligibility for Exemption. *OMB Control Number:* 1210-0106. *Affected Public:* Private Sector: Business or other for-profit. *Estimated Number of Respondents:* 10. *Estimated Total Annual Burden Hours:* 110. *Estimated Total Annual Cost Burden:* $216. *Description:* The Mental Health Parity Act of 1996 (Pub. L. 104-194) requires parity between the dollar limits imposed on mental health benefits and those imposed on medical/surgical benefits offered by group health plans and issuers. Upon receipt of notice that a plan claims exemption from these requirements, participants and beneficiaries may request a summary of the information upon which the exemption was based. This request pertains to the calculation and disclosure of information on which the exemption was based. For additional information, please refer to a related notice published at 72 FR 54072 on September 21, 2007 and the interim final rule published at 62 FR 66931 on December 22, 1997. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E7-23461 Filed 12-3-07; 8:45 am] BILLING CODE 4510-29-P LIBRARY OF CONGRESS Copyright Office [Docket No. 2007-12] Section 119 and the Changes in the Consumer Price Index AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Rate Adjustment. SUMMARY: The Library of Congress, through the Copyright Office, is announcing an upcoming royalty rate adjustment for satellite carriers based upon changes in the Consumer Price Index. FOR FURTHER INFORMATION CONTACT: Ben Golant, Assistant General Counsel, and Tanya M. Sandros, General Counsel, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. Telephone:

(202)707-8380. Telefax:

(202)707-8366. SUPPLEMENTARY INFORMATION: Pursuant to Section 119(c) and our implementing rules, we are hereby giving notice to the public that royalty rates will be adjusted for the accounting period commencing January 1, 2008, based on changes in the Consumer Price Index. This action is consistent with voluntary agreements reached between satellite carriers and copyright owners under the Copyright Act. *Section 119 and royalty payments for analog television signals.* In 2004, Congress enacted the Satellite Home Viewer Extension and Reauthorization Act (“SHVERA”). SHVERA extended for an additional five years the statutory license for satellite carriers retransmitting over-the-air television broadcast stations to their subscribers and made a number of amendments to the license. One of the amendments to Section 119 sets forth a process for adjusting the royalty fees paid by satellite carriers for retransmitting analog television network and superstations. 17 U.S.C. 119(c)(1). The law directs the Librarian of Congress to publish notice in the Federal Register requesting satellite carriers, distributors and copyright owners to submit to the Copyright Office any voluntary agreements they have negotiated as to the adjustment of the rates for analog stations. The Library published such a notice on December 30, 2004, and, pursuant to the statute, requested that any agreements be submitted no later than January 10, 2005. 69 FR 78482 (December 30, 2004). The Office received one agreement, submitted jointly by the satellite carriers DirecTV, Inc. and EchoStar Satellite L.L.C., the copyright owners of motion pictures and syndicated television series represented by the Motion Picture Association of America, and the copyright owners of sports programming represented by the Office of the Commissioner of Baseball. Section 119(c)(1)(D)(ii)(II) requires the Library to “provide public notice of the royalty fees from the voluntary agreement and afford parties an opportunity to state that they object to those fees.” 17 U.S.C. 119(c)(1)(D)(ii)(II). The Library published a Notice of Proposed Rulemaking on January 26, 2005, to fulfill this requirement. 70 FR 3656 (January 26, 2005). No objections were received. Consequently, the Library adopted the rates in the voluntary agreement as final. 70 FR 17320 (Apr. 6, 2005). The terms and conditions of the agreement were codified at Section 258.3 of the Copyright Office’s rules. Paragraph

(g)of this rule specifically states, with regard to private home viewing, that the 2007 rate per subscriber per month for distant superstations and network stations shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all urban consumers from January 2007 to January 2008. For viewing in commercial establishments, the 2007 rate per subscriber per month for viewing distant superstations in commercial establishments shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all urban consumers from January 2007 to January 2008. *Section 119 and royalty payments for digital television signals.* Another amendment to Section 119 promulgated by SHVERA set forth a process, for the first time, for adjusting the royalty fees paid by satellite carriers for the retransmission of digital broadcast signals. 17 U.S.C. 119(c)(2). The law set the initial rates as the rates set by the Librarian in 1997 for the retransmission of analog broadcast signals, 37 CFR 258.3(b)(1)-(2), reduced by 22.5 percent. 17 U.S.C. 119(c)(2)(A). These rates are to be adjusted in accordance with the procedures set forth in Section 119(c)(1) as directed by Section 119(c)(2) of the Copyright Act. On March 8, 2005, the Copyright Office received a letter from EchoStar Satellite, L.L.C., DirecTV, Inc., Program Suppliers, and the Joint Sports Claimants requesting that the Office begin the process of setting the rates for the retransmission of digital broadcast signals by initiating a voluntary negotiation period so that rates for both digital and analog signals would be in place before the July 31, 2005, deadline for satellite carriers to pay royalties for the first accounting period of 2005. The Office granted the request and, pursuant to Section 119(c)(1), published a Notice in the Federal Register initiating a voluntary negotiation period and requesting that any agreements reached during this period be submitted no later than April 25, 2005. *See* 70 FR 15368 (March 25, 2005). In accordance with the March 25 Notice, the Office received one agreement, submitted jointly by the satellite carriers EchoStar Satellite L.L.C. and DirecTV, Inc., the copyright owners of motion pictures and syndicated television series represented by the Motion Picture Association of America, and the copyright owners of sports programming represented by the Office of the Commissioner of Baseball. The agreement proposed rates for the private home viewing of distant superstations and distant network stations for the 2005-2009 period, as well as the viewing of those signals for commercial establishments. As required by statute, the Library provided public notice of the royalty fees from the voluntary agreement and afforded parties an opportunity to state that they object to those fees. 17 U.S.C. 119(c)(1)(D)(ii)(II). The Library published a Notice of Proposed Rulemaking on May 17, 2005, to fulfill this requirement. 70 FR 28231 (May 17, 2005). The Office received no objections as a result of the Notice. Consequently, the Library adopted the rates as set forth in the voluntary agreement as final. 70 FR 39178 (Jul. 7, 2006). The terms and conditions of the agreement were codified at Section 258.4 of the Copyright Office’s rules. Paragraph

(d)of the rule states the royalty rate for secondary transmission of digital signals of broadcast stations by satellite carriers and the process for readjusting the rates for the accounting period commencing on January 1, 2008. For private home viewing, the 2007 rate per subscriber per month for distant superstations and network stations shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. For viewing in commercial establishments, the 2007 rate per subscriber per month for viewing distant superstations in commercial establishments shall be adjusted for the amount of inflation as measured by the change in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. *Conclusion.* The Office shall be adjusting the royalty rates for the secondary transmission of the analog and digital transmissions of network and superstations to reflect changes in the Consumer Price Index for all Urban Consumers from January 2007 to January 2008. Another notice will be published after January 1, 2008, to announce the new CPI adjustments. Dated: November 29, 2007. Tanya M. Sandros, General Counsel [FR Doc. E7-23520 Filed 12-3-07; 8:45 am] BILLING CODE 1410-30-S NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (07-084)] NASA International Space Station Advisory Committee; Meeting AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces an open meeting of the NASA International Space Station Advisory Committee. DATES: December 20, 2007, 11 a.m.-12 p.m. Eastern Standard Time. ADDRESSES: National Aeronautics and Space Administration Headquarters, 300 E Street, SW., Room 3H46, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Dr. Glen R. Asner, Office of External Relations,

(202)358-0903, 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 progress of the Expedition Sixteen mission. —To assess the readiness of the International Space Station to accept visiting vehicles from international partners. —To assess NASA and Roscosmos plans for accommodating a six-person crew aboard the International Space Station. 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 Glen Asner via e-mail at *glen.asner@nasa.gov* or by telephone at

(202)358-0903 by December 13, 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. E7-23409 Filed 12-3-07; 8:45 am] BILLING CODE 7510-13-P THE NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES Notice of Proposed Information Collection: Assessing the Impact of Access to Computers and the Internet and to Related Services at Public Libraries on Individuals, Families, and Communities AGENCY: Institute of Museum and Library Services, National Foundation for the Arts and Humanities. ACTION: Notice. SUMMARY: The Institute of Museum and Library Service

(IMLS)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. 3508(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 Institute of Museum and Library Services is soliciting comments concerning the proposed study to assess the impact of access to computers and the Internet and to related services at public libraries on individuals, families, and communities. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before February 4, 2008. IMLS is particularly interested in comments that help the agency to: • 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. ADDRESSES: Send comments to: Mary Downs, Ph.D., Research Officer, Office of Policy, Planning, Research, and Communications, Institute of Museum and Library Services, 1800 M Street, NW., 9th floor, Washington, DC 20036, by telephone: 202-653-4682; fax: 202-653-4625; or by e-mail at mdowns@imls.gov. SUPPLEMENTARY INFORMATION: 1. Background The Institute of Museum and Library Services is authorized by the Museum and Library Services Act, Public Law 108-81, and is the primary source of federal support for the nation's 122,000 libraries and 17,500 museums. The Institute's mission is to create strong libraries and museums that connect people to information and ideas. The Institute works at the national level and in coordination with state and local organizations to sustain heritage, culture, and knowledge; enhance learning and innovation; and support professional development. II. Current Actions The purpose of the study is to undertake original research and analysis to identify measurable indicators of the social, economic, personal, and professional value of free access to computers, the Internet, and related services at public libraries, and of negative impact where service is weak or absent, and to provide new, reliable data on the benefits to individuals, families, and communities of these services and resources at public libraries. The study will be framed by these questions:

(1)What are the demographics of people who use computers, the Internet, and related services in public libraries?

(2)What information and resources provided by free access to computers, the Internet, and related services in public libraries are people using, across the spectrum of on-site and off-site use?

(3)How do individuals, families, and communities benefit (with a focus on social, economic, personal, and professional well-being) from free access to computers, the Internet, and related services at public libraries?

(4)What reliable indicators can measure the social, economic, personal, and/or professional well-being of individuals, families, and communities that result from access to computers, the Internet, and related services at public libraries?

(5)What correlations can be made between the benefits obtained through access to computers and the Internet and a range of demographic variables? What correlations can be made to type, level, or volume of related services?

(6)What computer and Internet services and resources are lacking at public libraries that, if provided, could bring about greater benefit?

(7)What indicators of negative impact can be identified where free access to computers and the Internet is weak or absent? Once completed, the results of the study will be issued as a report that will be made widely available to inform and benefit libraries, the library research field, and the public at large. *Agency:* Institute of Museum and Library Services. *Title:* Assessing the Impact of Access to Computers and the Internet and to Related Services at Public Libraries on Individuals, Families, and Communities. *OMB Number:* To be determined. *Agency Number:* 3137. *Frequency:* One time. *Affected Public:* General public, libraries, State Library Administrative agencies, State and local governments. *Number of Respondents:* To be determined. *Estimated Time per Respondent:* To be determined. *Total Annualized Capital/Startup Costs:* To be determined. *Total Costs:* To be determined. FOR FURTHER INFORMATION CONTACT: Mary Downs, Ph.D., Research Officer, Office of Policy, Planning, Research, and Communications, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC, by telephone: 202-653-4630; fax: 202-653-4600; or e-mail: mdowns@imls.gov. Dated: November 26, 2007. Barbara G. Smith, E-Projects Officer, Institute of Museum & Library Services. [FR Doc. E7-23424 Filed 12-3-07; 8:45 am] BILLING CODE 7036-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 55-61336; License No. SOP-11801; IA-07-14] In the Matter of Keith Davis; Confirmatory Order (Effective Immediately) I Keith Davis (Mr. Davis) was previously employed as a licensed Senior Reactor Operator at the Susquehanna Steam Electric Station (SSES). Mr. Davis was the holder of Senior Reactor Operator

(SRO)License Number SOP-11801 issued by the Nuclear Regulatory Commission

(NRC)pursuant to 10 CFR part 55. The license authorized Mr. Davis to direct the licensed activities of licensed operators at, and to manipulate all controls of, the Susquehanna Steam Electric Station, (facility license numbers NPF-14 and NPF-15). The facility is located on a PPL-Susquehanna, LLC site in Berwick, PA. II An investigation was initiated by the NRC Office of Investigations

(OI)on August 4, 2006, at the Susquehanna Steam Electric Station. This investigation was initiated, in part, to determine if Mr. Davis deliberately failed to report an arrest as required by station procedures on June 27, 2006, on his first day back to work after the arrest for driving under the influence

(DUI)of alcohol on June 19, 2006. As noted in an NRC letter to Mr. Davis on July 2, 2007, OI substantiated, based on the evidence developed during its investigation, that Mr. Davis deliberately failed to report the arrest as required by station procedure. The letter offered Mr. Davis the opportunity to either attend a Predecisional Enforcement Conference or to request use of Alternate Dispute Resolution (ADR), to resolve this matter. III In response to the July 2, 2007 letter, Mr. Davis requested the use of ADR to resolve this matter with the NRC. ADR is a process in which a neutral mediator with no decision-making authority assists the NRC and Mr. Davis in reaching an agreement on resolving any differences regarding the enforcement action. An ADR session was held between Mr. Davis and the NRC in King of Prussia, Pennsylvania on September 27, 2007, and was mediated by a professional mediator, arranged through Cornell University's Institute of Conflict Management. During that ADR session, a settlement agreement was reached. The elements of the settlement agreement consisted of the following: 1. The NRC and Mr. Davis agreed with the following facts:

(1)Mr. Davis, while employed as a senior reactor operator at the PPL-Susquehanna nuclear facility, was arrested on June 19, 2006, for driving under the influence of alcohol;

(2)Mr. Davis did not report the arrest to the Pennsylvania Power Light (PPL)—Susquehanna management on June 27, 2006, upon arrival for scheduled work, his first opportunity after the arrest; and,

(3)at the time of the arrest, Mr. Davis understood that he was required to follow all station procedures under the terms and conditions of his individual senior reactor operator license (SOP-11801). 2. As a result of the facts agreed to in Item 1, the NRC and Mr. Davis agreed that Mr. Davis violated NRC requirements, in that on June 27, 2006, contrary to 10 CFR 55.53, as required by 10 CFR 50.34(c) and PPL-Susquehanna procedure, NDAP-00-2002, Rev 4, “Fitness for Duty/Behavior Observation Program,” Mr. Davis willfully failed to report to PPL-Susquehanna that he had been arrested for driving under the influence of alcohol on June 19, 2006. 3. Mr. Davis, subsequent to the NRC's identification of this violation, took actions to assure that he learned from the violation and provided the NRC with assurance that it would not recur. These actions included attending substance abuse counseling and entering into Accelerated Rehabilitation Disposition Program with the Commonwealth of Pennsylvania, which included participating in education awareness and community service. 4. During the ADR mediation session, Mr. Davis recognized an opportunity for other licensed operators in the nuclear industry to learn from his violation. Therefore, Mr. Davis agreed to take the following actions in the future to sensitize other licensed operators to the importance of remaining fit for duty, and reporting any arrest to the facility licensee as part of the behavior observation program:

(a)Writing an Operating Experience report that will address lessons learned from this violation which will include a discussion of meeting the intent of procedures as part of procedure adherence;

(b)providing the written report to the NRC for review;

(c)submitting the report to a minimum of 3 national organizations for possible publication, including INPO, NEI, and a third organization that Mr. Davis will identify, and inform the NRC of such when submitting the report for review;

(d)providing a written response to the NRC explaining the reasons why the NRC can have confidence in Mr. Davis following licensee procedures and meeting NRC regulations should he work in the nuclear industry in the future; and,

(e)preparing a training plan for licensed and non-licensed operator training at PPL-Susquehanna regarding procedure compliance as it relates to meeting the intent of the procedure, and the lessons-learned from the circumstances which resulted in this ADR. The subject training plan will be provided to PPL for their potential use. 5. Mr. Davis will inform the NRC before he resumes work involving NRC licensed activities. 6. Mr. Davis agreed to complete the additional actions described in Item 4 within three months after issuance of an NRC Confirmatory Order confirming the commitments agreed to herein, and will send a letter to the NRC informing the NRC that these actions are complete. Mr. Davis agreed to send this letter to the NRC within 30 days of completion of all actions. 7. In light of the actions Mr. Davis has taken as described in Item 3, and those actions Mr. Davis has committed to take as described in Items 4, 5, and 6, the NRC agrees to issue a Severity Level III Notice of Violation to Mr. Davis. The NRC will issue a letter with the aforementioned Notice of Violation and a Confirmatory Order to Mr. Davis confirming the commitments set forth herein. The letter, Notice of Violation, and the Confirmatory Order will be publically available in ADAMS, will appear on the NRC “Significant Enforcement Actions—Individuals” Web site for a period of 1 year, and will also be placed in Mr. Davis' individual license file (Docket No. 55-61336, License No. SOP-11801). 8. Mr. Davis agreed to issuance of the letter, Notice of Violation, and Confirmatory Order confirming this agreement, and also agrees to waive any request for a hearing regarding this Confirmatory Order. IV Since Mr. Davis has agreed to take additional actions to address NRC concerns, as set forth in Section III, the NRC has concluded that its concerns can be resolved through the NRC's confirmation of the commitments as outlined in this Confirmatory Order. I find that Mr. Davis' commitments as set forth in Section III above are acceptable. In view of the foregoing, I have determined that these commitments be confirmed by this Confirmatory Order. Based on the above and Mr. Davis' consent, this Confirmatory Order is immediately effective upon issuance. V Accordingly, pursuant to Sections 103, 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 and 10 CFR Part 55, *it is hereby ordered, effective immediately that:* 1. Within three months of the date of this Order, Mr. Davis will take the following actions to sensitize other licensed operators to the importance of remaining fit for duty, and reporting any arrest to the facility licensee as part of the behavior observation program:

(a)Writing an Operating Experience report that will address lessons learned from this violation which will include a discussion of meeting the intent of procedures as part of procedure adherence;

(b)providing the written report to the NRC for review;

(c)submitting the report to a minimum of 3 national organizations for possible publication, including INPO, NEI, and a third organization that Mr. Davis will identify and inform the NRC of such when submitting the report for review;

(5)days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling

(301)415-1677, to request

(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or

(2)creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate also is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format

(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is

(800)397-4209 or locally,

(301)415-4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by

(1)first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or

(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their works. If a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). If a hearing is requested by 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 Confirmatory Order shall be sustained. *An answer or a request for a hearing shall not stay the effectiveness date of this order.* For the Nuclear Regulatory Commission. Dated this 26th day of November 2007. Marc L. Dapas, Deputy Regional Administrator. [FR Doc. E7-23478 Filed 12-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 052-00008] Notice of Issuance of Early Site Permit for Dominion Nuclear North Anna, LLC Located 40 Miles North-Northwest of the City of Richmond, VA AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of Issuance of Early Site Permit. FOR FURTHER INFORMATION CONTACT: Thomas Kevern, Senior Project Manager, ESBWR/ABWR Projects Branch 1, Division of New Reactor Licensing, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:

(301)415-0224; fax:

(301)415-5199; e-mail: *tak@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to Title 10, Section 2.106, “Notice of Issuance,” of the *Code of Federal Regulations* (10 CFR 2.106), the U.S. Nuclear Regulatory Commission

(NRC)is providing notice of the issuance of early site permit

(ESP)ESP-003 to Dominion Nuclear North Anna, LLC (Dominion or the permit holder), for approval of a site located near Lake Anna in Louisa County, Virginia (VA), approximately 40 miles north-northwest of Richmond, VA, for one or more nuclear power reactors; this action is separate from the filing of an application for a construction permit or combined license for such a facility. The NRC has found that the application for an ESP filed by Dominion complies with the applicable requirements of the Atomic Energy Act of 1954, as amended, and the applicable rules and regulations of the Commission, and all required notifications to other agencies or bodies have been duly made. Taking into consideration the site criteria contained in 10 CFR Part 100, “Reactor Site Criteria,” a reactor, or reactors, having design characteristics that fall within the site characteristics and controlling parameters of the permit holder's ESP site can be constructed and operated without undue risk to the health and safety of the public. There is reasonable assurance that the permit holder will comply with the regulations in 10 CFR Chapter I, and the health and safety of the public will not be endangered. Issuance of an ESP to the permit holder will not be inimical to the common defense and security or the health and safety of the public. There is no significant impediment to the development of emergency plans, as referenced in 10 CFR 52.17(b)(1) and 10 CFR 52.18, “Standards for Review of Applications.” The descriptions of contacts and arrangements made with Federal, State, and local governmental agencies with emergency planning responsibilities, as referenced in 10 CFR 52.17(b)(3), are acceptable. Major features A, B, C, D, E, F, G, I, J, K, L, O, and P of the emergency plan are acceptable to the extent specified in NUREG-1835, “Safety Evaluation Report for an Early Site Permit

(ESP)at the North Anna ESP Site,” issued September 2005 and “Safety Evaluation Report for an Early Site Permit

(ESP)at the North Anna ESP Site, Supplement 1” issued November 2006. The issuance of this ESP is in accordance with the National Environmental Policy Act, as amended, and with applicable sections of 10 CFR Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” as referenced by Subpart A, “Early Site Permits,” of 10 CFR Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” and all applicable requirements therein have been satisfied. The permit holder's request for the proposed permit was previously noticed in the **Federal Register** on December 2, 2003 (68 FR 67489), with a notice of hearing and opportunity to petition for leave to intervene. This ESP complies with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the NRC's rules and regulations as set forth in 10 CFR Chapter I and the National Environmental Policy Act of 1969. Accordingly, the NRC issued this ESP on November 27, 2007, and it was effective immediately. II. Further Information The NRC has prepared a Safety Evaluation Report

(SER)and a Final Environmental Impact Statement

(FEIS)that document the information that the staff reviewed and NRC's conclusion. In accordance with 10 CFR 2.390, “Public Inspections, Exemptions, Requests for Withholding,” details with respect to this action, including the SER and accompanying documentation included in the ESP package, are available electronically via the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, users can access the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the NRC's public documents. The following ADAMS accession numbers apply to the documents related to this notice: ML052710305 NUREG-1835, “Safety Evaluation Report for an Early Site Permit

(ESP)at the North Anna ESP Site,” September 2005 ML063170371 NUREG-1835, “Safety Evaluation Report for an Early Site Permit

(ESP)at the North Anna ESP Site (NUREG-1835 Supplement 1),” November 2006 ML063480261 NUREG-1811, Vol. 1, “Environmental Impact Statement for an Early Site Permit

(ESP)at the North Anna ESP Site, Final Report, Main Report,” December 31, 2006 ML063480263 NUREG-1811, Vol. 2, “Environmental Impact Statement for an Early Site Permit

(ESP)at the North Anna ESP Site, Final Report, Appendices E & F,” December 31, 2006 ML042010009 North Anna Early Site Permit Application Package, September 25, 2003 ML073180440 North Anna Early Site Permit Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209 or 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, One White Flint North, Room O1 F21, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 27th day of November 2007. For the Nuclear Regulatory Commission. Mohammed Shuaibi, Chief, ESBWR/ABWR Projects Branch 1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E7-23468 Filed 12-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 040-06377] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. Sub-348, for Unrestricted Release of the Department of the Army, U.S. Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center, Building 611b Facility in Picatinny, NJ AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone

(610)337-5040; fax number

(610)337-5269; or by e-mail: *exu@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. SUB-348. This license is held by the Department of the Army, U. S. Army Research, Development and Engineering Center (RDEC), Armament Research, Development and Engineering Center (ARDEC) (the Licensee), for its activities at the Picatinny Arsenal located in Picatinny, New Jersey. Issuance of the amendment would authorize release of Building 611B for unrestricted use. The Licensee requested this action in a letter dated May 14, 2007. 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 May 14, 2007 license amendment request, resulting in release of Building 611B for unrestricted use. License No. SUB-348 was issued on July 13, 1961, pursuant to 10 CFR Part 40, and has been amended periodically since that time. This license authorized the Licensee to use uranium and thorium in any form for purposes of conducting research and development activities. The Picatinny Arsenal is situated on 6,500 acres of land and consists of office space, laboratories, and specialized facilities. The Picatinny Arsenal is located in a mixed residential and commercial area. Building 611B was one of several buildings where use of licensed material was performed under the authority of RDEC/ARDEC, one of the military tenants at Picatinny Arsenal. Building 611B is a single-story concrete structure of about 1,100 square feet, containing two test-firing ranges. One of the firing ranges was used for the testing of depleted uranium munitions. Building 611B is located in a cleared area on a rocky and wooded hillside, within a fenced area of approximately 40,000 square feet. Other structures within the fenced area include an Outdoor Storage Area and two movable electrical storage shelters. On November 19, 1998, the Licensee notified the NRC that they had ceased licensed activities and initiated a survey and decontamination of Building 611B. Based on the Licensee's historical knowledge of the site and the conditions of the Building 611B, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee submitted a decommissioning plan for Building 611B. The NRC's approval of the Licensee's decommissioning plan was published in the **Federal Register** on Friday, March 31, 2000 (65 FR 17322). The Licensee conducted surveys of the Building 611B 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 Building 611B and seeks the unrestricted use of this facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Building 611B shows that such activities involved use of depleted uranium, a radionuclide with a half-life greater than 120 days. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Building 611B affected by this radionuclide. The Licensee conducted a final status survey during August and September, 2003. This survey covered areas inside Building 611B including the DU Tunnel, the Non-DU Tunnel, the Foyer, the Instrument Room, and the Indoor Storage Area; exterior surfaces of building 611B; an Outdoor Storage Area; two movable electrical storage containers; and the open land area and bunker within the fence line for the Building 611B area. The final status survey report was attached to the Licensee's amendment request dated May 14, 2007. 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 Building 611B. The Licensee conducted site-specific dose modeling using input parameters specific to the Building 611B. For soil, the Licensee used the RESRAD code, version 5.82, with all default values except for a smaller thickness of contaminated soil (0.25 meters instead of 2 meters) and a smaller contaminated area (4000 square-meters instead of 10,000 square-meters), and did not use the pathways for milk or meat ingestion because of the small area. The soil DCGL was determined to be 186 picocuries per gram of soil. For contaminated building surfaces, the Licensee used the RESRAD-Build code, version 3.0 with all default values except for the removable fractions (10 percent instead of 50 percent), the fraction indoors (0.33 instead of 0.5) and the exposure duration (250 days instead of 365 days). The building surface DCGL was determined to be 5,550 disintegrations per minute

(dpm)per 100 square-centimeters area. 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 Building 611B. The Licensee's final status survey results were below these DCGLs, and are thus acceptable. 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 Building 611B. 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 Building 611B. No such hazards or impacts to the environment were identified, except the presence of unexploded ordnance identified by the Licensee. Department of the Army personnel surveyed the area for unexploded ordnance prior to, and during, all activities performed in the outdoor area surrounding Building 611B, and removed any unexploded ordnance found. 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 Building 611B for unrestricted use is in compliance with 10 CFR 20.1402. Although the Licensee will continue to perform licensed activities at other parts of the Picatinny Arsenal, the Licensee must ensure that this decommissioned area does not become recontaminated. Before the license can be terminated, the Licensee will be required to show that the entire Picatinny Arsenal, including previously-released areas, complies with the radiological criteria in 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the Building 611B 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 Building 611B 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 Jersey Department of Environmental Protection (NJDEP) for review on October 2, 2007. On November 8, 2007, NJDEP responded by letter. 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. Letter dated November 29, 1999, with the “Picatinny Arsenal Decommissioning Plan for Building 611B” [ML003683836]; 2. Letter dated November 24, 2000 [ML003772619] with Amendment No. 23 [ML003773181]; 3. Letter dated May 9, 2002 with the “Final Survey Plan for the TACOM-ARDEC Picatinny Arsenal Building 611B, Revision 1, January 2002” [ML021400335]; 4. Letter dated October 16, 2002 with Amendment No. 26 [ML022970431]; 5. Inspection 040-06377/2003-001, September 4, 18 and 22, 2003 [ML032930404]; 6. Letter dated May 14, 2007 with the “Final Survey Report for the TACOM-ARDEC Picatinny Arsenal Building 611B” [ML071620348]; 7. NUREG-1757, “Consolidated NMSS Decommissioning Guidance;” 8. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 9. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” and 10. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities.” 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 King of Prussia, Pennsylvania this 27th day of November 2007. For the Nuclear Regulatory Commission. James Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7-23475 Filed 12-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Nuclear Waste and Materials; Meeting on Planning and Procedures; Notice of Meeting The Advisory Committee on Nuclear Waste and Materials (ACNW&M) will hold a Planning and Procedures meeting on December 17, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and

(6)to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of ACNW&M, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Monday, December 17, 2007—11 a.m.-12 p.m. The Committee will discuss proposed ACNW&M activities and related matters. The purpose of this meeting is to gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Officer, Dr. Antonio F. Dias (Telephone: 301/415-6805) between 8:15 a.m. and 5 p.m.

(ET)5 days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACNW&M meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54693). Further information regarding this meeting can be obtained by contacting the Designated Federal Officer between 8:15 a.m. and 5 p.m. (ET). Persons planning to attend this meeting are urged to contact the above-named individual at least 2 working days prior to the meeting to be advised of any potential changes in the agenda. Dated: November 27, 2007. Antonio F. Dias, Chief, Nuclear Waste & Materials Branch. [FR Doc. E7-23466 Filed 12-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice AGENCY HOLDING THE MEETINGS: Nuclear Regulatory Commission. DATES: Weeks of December 3, 10, 17, 24, 31, 2007; January 7, 2008. PLACE: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: Week of December 3, 2007—Tentative Friday, December 7, 2007 10 a.m. Discussion of Intragovernmental Issues (Closed—Ex. 1 & 9). 2 p.m. Briefing on Threat Environment Assessment (Closed—Ex. 1). Week of December 10, 2007—Tentative Wednesday, December 12, 2007 9:30 a.m. Discussion of Management Issues (Closed—Ex. 2). Week of December 17, 2007—Tentative There are no meetings scheduled for the Week of December 17, 2007. Week of December 24, 2007—Tentative There are no meetings scheduled for the Week of December 24, 2007. Week of December 31, 2007—Tentative There are no meetings scheduled for the Week of December 31, 2007. Week of January 7, 2008—Tentative There are no meetings scheduled for the Week of January 7, 2007. * 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/about-nrc/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, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: November 29, 2007. R. Michelle Schroll, Office of the Secretary. [FR Doc. 07-5936 Filed 11-30-07; 10:19 am]

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