Agencies and Commissions June 13, 2005 – Federal Register Recent Federal Regulation Documents

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: Notice of Enforcement Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion Plants (GDP). 3. The form number if applicable: Not applicable. 4. How often the collection is required: On occasion. 5. Who will be required or asked to report: Nuclear power reactor licensees and gaseous diffusion plant certificate holders. 6. An estimate of the number of annual responses: 26. 7. The estimated number of annual respondents: 11. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 1,991 hours (1810 reporting [121 hours per response] and 181 recordkeeping [16.45 hours per recordkeeper]). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: The NRC's Enforcement Policy addresses circumstances in which the NRC may exercise enforcement discretion. A specific type of enforcement discretion is designated as a Notice of Enforcement Discretion (NOED) and relates to circumstances which may arise where a nuclear power plant licensee's compliance with a Technical Specification Limiting Condition for Operation or with other license conditions would involve an unnecessary plant transient or shutdown, or performance of testing, inspection, or system realignment that is inappropriate for the specific plant conditions, or unnecessary delays in plant startup without a corresponding health and safety benefit. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement or other condition would unnecessarily call for a total plant shutdown, or, notwithstanding that a safety, safeguards or security feature was degraded or inoperable, compliance would unnecessarily place the plant in a transient or condition where those features could be required. A licensee or certificate holder seeking the issuance of an NOED must provide a written justification, in accordance with guidance provided in NRC Inspection Manual, Part 9900, which documents the safety basis for the request and provides whatever other information the NRC staff deems necessary to decide whether or not to exercise discretion. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC Worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 13, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0136), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

Notice is hereby given that a complaint filed with the U.S. International Trade Commission on May 9, 2005 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Power Integrations, Inc. of San Jose, California. A supplement to the complaint was filed on May 24, 2005. The complaint, as supplemented, alleges violation of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain power supply controllers and products containing same by reason of infringement of claims 1, 2, 3, 6, 9, and 17-19 of U.S. Patent No. 6,212,079; claims 1, 2, 3, 5, 6, 24, 28, and 29 of U.S. Patent No. 6,351,398; claims 8 and 12 of U.S. Patent No. 6,366,481, and claims 1, 4, 9-11 13, 17, 19, 20, 22, 23, 26, 27, 30, 31, and 34 of U.S. Patent No. 6,538,908. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and after the investigation, issue a permanent limited exclusion order and a permanent cease and desist order.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning payment by electronic fund transfer. This OMB clearance currently expires on September 30, 2005. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

Notice is hereby given that a delegation of Commissioners of the Defense Base Closure and Realignment Commission will hold an open meeting on July 11, 2005, from 8:30 a.m. to 12:30 p.m. at the Ballroom of the Henry B. Gonzales Convention Center, 200 East Market Street, San Antonio, Texas 78205. The Commission requests that the public consult the 2005 Defense Base Closure and Realignment Commission Web site, https://www.brac.gov, for updates. The Commission delegation will meet to receive comment from Federal, State and local government representatives and the general public on base realignment and closure actions in Arkansas and Texas that have been recommended by the Department of Defense (DoD). The purpose of this regional meeting is to allow communities experiencing a base closure or major realignment action (defined as loss of 300 civilian positions or 400 military and civilian positions) an opportunity to voice their concerns, counter-arguments, and opinions in a live public forum. This meeting will be open to the public, subject to the availability of space. The delegation will not render decisions regarding the DoD recommendations at this meeting, but will gather information for later deliberations by the Commission as a whole.

Notice is hereby given that a delegation of Commissioners of the Defense Base Closure and Realignment Commission will hold an open meeting on June 30, 2005 from 8:30 a.m. to 12 p.m. at the Georgia Tech Hotel and Conference Center, 800 Spring Street Northwest, Atlanta, Georgia 30308. The Commission requests that the public consult the 2005 Defense Base Closure and Realignment Commission Web site, https:// www.brac.gov, for updates. The Commission delegation will meet to receive comment from Federal, State and local government representatives and the general public on base realignment and closure actions in Alabama and Georgia that have been recommended by the Department of Defense (DoD). The purpose of this regional meeting is to allow communities experiencing a base closure or major realignment action (defined as loss of 300 civilian positions or 400 military and civilian positions) an opportunity to voice their concerns, counter-arguments, and opinions in a live public forum. This meeting will be open to the public, subject to the availability of space. The delegation will not render decisions regarding the DoD recommendations at this meeting, but will gather information for later deliberations by the Commission as a whole.

The Defense Base Closure and Realignment Commission published a document in the Federal Register of June 7, 2005, concerning receiving comments from Federal, Sate and local government representatives and the general public on base closure actions in North Dakota that have been recommended by the Department of Defense (DoD). The agenda for this meeting has been changed. The delay of this change notice resulted from recent requests from representatives of communities in Minnesota to accommodate delegations from those communities and the short time-frame established by statute for the operations of the Defense Base Closure and Realignment Commission. The Commission requests that the public consult the 2005 Defense Base Closure and Realignment Commission Web site, https:// www.brac.gov, for updates.

The Defense Base Closure and Realignment Commission published a document in the Federal Register of June 7, 2005, concerning receiving comments from Federal, state and local government representatives and the general public on base realignment and closure actions in Alaska that have been recommended by the Department of Defense (DoD). The location for this meeting has changed. The delay of this notice of change resulted from recent requests by community representatives to move the regional hearing to a location commonly used for community public events and the short time-frame established by statute for the operations of the Defense Base Closure and Realignment Commission. The Commission requests that the public consult the Defense Base Closure and Realignment Commission Web site, https:// www.brac.gov, for updates.

Notice is hereby given that the previously announced open meeting of a delegation of the 2005 Defense Base Closure and Realignment Commission scheduled for June 6, 2005 from 2 p.m. to 4:30 p.m. in Salt Lake City, Utah, has been cancelled. After extensive coordination with the various Federal, state and local officials concerned, the Commission determined that it was not possible to hold a meaningful public discussion on the date scheduled because Congressional delegations and community representatives had not been afforded adequate opportunity to analyze the data used by the Department of Defense (DoD) to formulate the base closure and realignment recommendations due to delays by DoD in releasing that data in an unclassified form. The Utah and Idaho Congressional delegations have been offered the opportunity to participate in the regional hearing currently scheduled in Portland, Oregon on June 17, 2005. The delay of this notice resulted from unanticipated delays by DoD in the release of the data used by DoD to formulate the base closure and realignment recommendations in an unclassified form and the short time-frame established by statute for the operations of the Defense Base Closure and Realignment Commission. The Commission requests that the public consult the 2005 Defense Base Closure and Realignment Commission Web site, https://www.brac.gov, for updates.