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41528 Federal Register / Vol. 72, No.

145 / Monday, July 30, 2007 / Notices

of, the procedures described in 21 CFR The OMB is particularly interested in Description: The purpose of the
1301.34(b), (c), (d), (e) and (f). As noted comments which: information collection requirements in
in a previous notice published in the • Evaluate whether the proposed 29 CFR 1910.179 is to prevent death and
Federal Register on September 23, 1975, collection of information is necessary serious injuries among employees by
(40 FR 43745–46), all applicants for for the proper performance of the ensuring that all critical components of
registration to import a basic class of functions of the agency, including the crane are inspected and tested on a
any controlled substances in schedule I whether the information will have periodic basis and that the crane is not
or II are and will continue to be required practical utility; used to lift loads beyond its rated
to demonstrate to the Deputy Assistant • Evaluate the accuracy of the capacity.
Administrator, Office of Diversion agency’s estimate of the burden of the AGENCY: Department of Labor /
Control, Drug Enforcement proposed collection of information, Occupational Safety and Health
Administration, that the requirements including the validity of the Administration.
for such registration pursuant to 21 methodology and assumptions used; Type of Review: Extension without
U.S.C. 958(a); 21 U.S.C. 823(a); and 21 • Enhance the quality, utility, and change of currently approved collection.
CFR 1301.34(b), (c), (d), (e) and (f) are clarity of the information to be Title: Standard on Mechanical Power
satisfied. collected; and Presses (29 CFR 1910.217(e)(1)(i) and
• Minimize the burden of the (e)(1)(ii)).
Dated: July 24, 2007.
collection of information on those who OMB Control Number: 1218–0229.
Joseph T. Rannazzisi, are to respond, including through the Estimated Number of Respondents:
Deputy Assistant Administrator, Office of use of appropriate automated, 295,000.
Diversion Control, Drug Enforcement electronic, mechanical, or other Estimated Total Burden Hours:
Administration. 1,373,054.
technological collection techniques or
[FR Doc. E7–14648 Filed 7–27–07; 8:45 am] other forms of information technology, Affected Public: Private sector:
BILLING CODE 4410–09–P e.g., permitting electronic submission of Business or other for-profits.
responses. Description: The inspection and
AGENCY: Department of Labor / certification records required by the
DEPARTMENT OF LABOR Occupational Safety and Health Mechanical Power Presses Standard are
Administration. intended to ensure that mechanical
Office of the Secretary Type of Review: Extension without power presses are in safe operating
change of currently approved collection. condition, and that all safety devices are
Submission for OMB Review: Title: Crawler, Locomotive, and Truck working properly. The failure of these
Comment Request Cranes Standard (29 CFR 1910.180). safety devices could cause serious
OMB Control Number: 1218–0221. injury or death to an employee.
July 19, 2007.
Estimated Number of Respondents: Darrin A. King,
The Department of Labor has 20,000.
submitted the following public Acting Departmental Clearance Officer.
Estimated Total Burden Hours:
information collection requests (ICR) to 174,062. [FR Doc. E7–14349 Filed 7–27–07; 8:45 am]
the Office of Management and Budget Affected Public: Private sector: BILLING CODE 4510–26–P
(OMB) for review and approval in Business or other for-profits.
accordance with the Paperwork Description: The information
Reduction Act of 1995 (Pub. L. 104–13, collection requirements contained in 29 NUCLEAR REGULATORY
44 U.S.C. chapter 35). Copies of these CFR 1910.180 require that monthly COMMISSION
ICRs, with applicable supporting inspections be performed on cranes and
documentation; including inter alia a [Docket No. 70–143, License No. SNM–124]
running ropes and that a certification
description of the likely respondents, record be prepared. Ropes which have Nuclear Fuel Services, Inc.; Notice of
proposed frequency of response, and been idle for a month or more are Publication of Confirmatory Order and
estimated total burden may be obtained required to undergo a thorough Opportunity for Hearing
from the RegInfo.gov Web site at inspection and a certification record
http://www.reginfo.gov/public/do/ must be generated. The purpose of each The attached Confirmatory Order was
PRAMain or by contacting Darrin King of these requirements is to prevent issued on February 21, 2007. Although,
on 202–693–4129 (this is not a toll-free employees from using unsafe cranes and originally, designated as Official Use
number) / e-mail: king.darrin@dol.gov. ropes, thereby, reducing their risk of Only, upon further review by NRC Staff,
Comments should be sent to Office of death or serious injury caused by a it has been determined that this
Information and Regulatory Affairs, crane or rope failure during material Confirmatory Order can now be released
Attn: John Kraemer, OMB Desk Officer handling. publicly in its entirety, given that it
for the Occupational Safety and Health AGENCY: Department of Labor / does not identify current security issues.
Administration (OSHA), Office of Occupational Safety and Health Accordingly, it is being published in the
Management and Budget, 725 17th Administration. Federal Register to ensure that adequate
Street, NW., Room 10235, Washington, Type of Review: Extension without notice has been given of an opportunity
DC 20503, Telephone: 202–395–4816 / change of currently approved collection. to request a hearing on the Confirmatory
Fax: 202–395–6974 (these are not a toll- Title: Overhead and Gantry Cranes Order. The effective date of the
free numbers), E-mail: Standard (29 CFR 1910.179). Confirmatory Order remains February
John_Kraemer@omb.eop.gov within 30 OMB Control Number: 1218–0224. 21, 2007, and its publication in the
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days from the date of this publication in Estimated Number of Respondents: Federal Register does not impose any
the Federal Register. In order to ensure 35,000. new or different requirements on the
the appropriate consideration, Estimated Total Burden Hours: licensee. Requests for hearing from
comments should reference the 360,144. anyone other than the licensee must be
applicable OMB Control Number (see Affected Public: Private sector: filed within 20 days of the date of
below). Business or other for-profits. publication of this Notice in accordance

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41529

with Section VI of the Confirmatory (SOP) 409, Caustic and Condensate Preparation Facility, Revision 3, April
Order. Discard Tank, Revision 2 (EA–06–141). 29, 2005, Section 4.1.2, and Procedure
For the Nuclear Regulatory Commission. D. On March 4, June 30, and NFS–GH–65, Problem Identification,
November 9, 2005, and on May 13, Revision 3, October 6, 2005, Section 5.1;
Dated this 18th day of July 2007.
2006, NFS failed to secure or properly and (8) the failure to assure the
William D. Travers, attend Special Nuclear Material, as requirements in 10 CFR 70.61(d) were
Regional Administrator. required by the NFS Physical Protection met, in that the solvent extraction room
Attachment—In the Matter of Nuclear Plan (PPP), Revision 2, Section 5.8; did not meet performance requirements
Fuel Services, Inc., Erwin, Tennessee; Storage of Strategic SNM, Subsection for criticality safety with respect to the
Confirmatory Order Modifying License 5.8.3, Process Material Access Areas credible abnormal condition of fissile
(Effective Immediately) (EA–06–160). solution accumulation on the solvent
E. On March 6, 2006, NFS extraction room floor because there
I inadvertently transferred high enriched were no controls available to prevent a
Nuclear Fuel Services, Incorporated uranyl nitrate (HEUN) solution into an spill of fissile solution from
(Licensee) is the holder of Special enclosure that was not approved for accumulating into an unsafe geometry
Nuclear Materials License No. SNM–124 operation. The violations involved: (1) in the elevator pit (EA–06–179).
issued by the Nuclear Regulatory The failure to establish management F. On August 1, 2005, two security
Commission (NRC or Commission) measures for the solvent extraction tray officers willfully failed to conduct a
pursuant to 10 CFR Part 70 on July 2, dissolver filter enclosure drain system vehicle search, as required by NRC
1999. The license authorizes the as required by 10 CFR 70.62(d), which Interim Compensatory Measure Order,
operation of NFS (facility) in accordance resulted in the failure to ensure that the Attachment 1, Section B, dated August
with the conditions specified therein. filter enclosure met performance 21, 2002, and the NFS PPP, Revision 2,
The facility is located on the Licensee’s requirements of 10 CFR 70.61(d) for Module 6, Access Control Subsystems
site in Erwin, Tennessee. limiting the risk of a nuclear criticality and Procedures, Subsection 6.2, Access
This Confirmatory Order is the result accident under the credible abnormal Control at the Owner Controlled Area
of an agreement reached during condition; (2) the failure to notify the (EA–06–182).
alternative dispute resolution (ADR) NRC within one hour of discovery of an
event that constituted a condition III
sessions conducted on September 28
and November 30, 2006. whereby the licensee recognized that a On September 28 and November 30,
spill of HEUN solution had occurred 2006, the NRC and NFS met in ADR
II into an unapproved and unfavorable sessions facilitated by a professional
Recent NRC inspections and geometry enclosure and that no safety mediator, arranged through Cornell
investigations at NFS have resulted in controls or items relied on for safety University’s Institute on Conflict
the identification of the following (IROFS) were available and reliable to Resolution. ADR is a process by which
apparent violations for which escalated prevent a nuclear criticality accident, as a neutral mediator, with no decision-
enforcement action is being considered: required by 10 CFR 70, Appendix A, making authority, assists the parties in
A. On June 22, 2005, an NFS (a)(4)(ii); (3) the failure to establish a reaching an agreement to resolve their
supervisor willfully failed to wear a full configuration management system to differences regarding a dispute.
face respirator while performing evaluate, implement, and track changes During the ADR sessions, the parties
maintenance and repairs on a Building to the filter enclosure M205 as required discussed the apparent violations and
302 calciner as required by Safety by 10 CFR 70.72(a); (4) the failure to NFS’s overall enforcement history.
Condition S–1 of Special Nuclear verify proper installation of the solvent Given the number and repetitive nature
Materials License No. SNM–124, extraction tray dissolver filter enclosure of some of the apparent violations, the
Section 3.1.2 and 3.1.3 of the License drains, as required by Safety Condition parties acknowledged that: (1) Past
Application, Procedure NFS–GH–03, S–1 of the license and license disposition of violations via the
‘‘Radiation Work Permits, Revision 11, application License Application Section enforcement policy had not resulted in
and Standard Radiation Work Permit 4.1.1.1.3; (5) the failure to assume in NFS’s development of corrective actions
(RWP # 05–04–032) (EA–06–129). NCS analysis for the tray dissolver capable of preventing recurrence of
B. On March 8, 2006, NFS failed to system as required by the license and violations; (2) a deficient safety culture
meet the performance requirements of license application Section 4.1.1, that a at NFS appeared to be a contributor to
Section IV of a July 2000 Confirmatory credible abnormal condition could the recurrence of violations; and (3) a
Order Modifying License and NFS occur, specifically fissile solution being comprehensive, third party review and
Safeguards Contingency Response Plan, misdirected from the solvent extraction assessment of the safety culture at NFS
Revision 0; dated October 26, 2004; feed transfer line to the tray dissolver represented the best approach for the
Section 3.3, Module 3, subparagraph filter enclosure, as required by the identification and development of
3.3.1, during a force-on-force exercise license and license application Section focused, relevant and lasting corrective
(EA–06–133). 4.1.1; (6) the failure to conduct SNM actions.
C. On May 31, 2005, an NFS acting operations and safety function activities With these considerations in mind,
building manager willfully transferred with procedures, as required by Safety the following agreement was reached as
solvent extraction raffinate waste Condition S–1 of the license and documented in this Confirmatory Order:
solution to the condensate waste storage Section 2.7 of the license application; A. NFS will conduct, via a third-
area, Tank–5A01, without the approval (7) the failure to report to plant party, an independent safety culture
of Building Supervision, Industrial management, the discovery of previous assessment(s) within the parameters
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Safety or NCS through work instances of yellow solution in described in Section V below.
instructions, as required by Safety enclosure 2M05, in accordance with B. Within 60 days of the date of this
Condition S–1 of Special Nuclear Safety Condition S–1 of the license, Order, NFS will submit, for NRC
Materials License No. SNM–124, Section 2.7 of the license application, approval, a request to amend the license
Section 2.7 of the License Application, Procedure NFS–HS–CL–26, Nuclear to revise the configuration management
and Standard Operating Procedure Criticality Safety for the BLEU (CM) program. The amendment request

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41530 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

will include a plan and schedule for hereby ordered, effective immediately, assessment of the safety culture at NFS
implementation of the revised program. that license no. SNM–124 is modified as and a plan and schedule for
C. The NRC agrees, based on the terms follows: implementing assessment
of the agreement, that exercise of 1. For purposes of this agreement, recommendations and actions to
Enforcement Discretion is warranted for NFS does not dispute the apparent address identified issues. Upon request
the EAs listed in Section II.A through F violations listed in Section II above. by NRC, NFS shall also make available
above, and the violations will not be Within 60 days of the date of this Order, the supporting documentation and data
cited. NFS will provide NRC written compiled by and/or relied upon by the
D. With respect to any potential documentation of the reasons for the third party contractor in making its
enforcement action related to securing violations, the corrective actions taken assessment.
SNM after the process line shutdown, to and planned to prevent recurrence, and d. An acceptable safety culture
the extent the NRC determines that a the completion dates for each corrective implementation plan must include
violation occurred, it will be included action. performance-based metrics that will be
in the group of apparent violations for 2. The apparent violations associated used to measure the success of the
which discretion will be exercised, and with EA–06–179 raise concerns about program.
the violation will not be cited. configuration management (CM) that e. NFS will conduct an additional
E. The proposed settlement excludes should be within the scope of the safety third-party safety culture assessment
other potential escalated enforcement culture improvement program. Within approximately 24 months following the
actions, including those that could 60 days of the date of the Order completion (i.e., upon the third party’s
result from issues previously identified confirming this agreement, NFS will issuance of the report to NFS) of the
in inspection reports and issues under submit, for NRC approval, a request to initial assessment, and provide the
review by the NRC’s Office of amend the license to revise the CM report to the NRC.
Investigations. However, as part of its management program. The amendment The Director, Office of Enforcement,
deliberations, the NRC will consider the request will include a plan and or the Regional Administrator, Region II,
extent to which violations that occur schedule for implementation of the may, in writing, relax or rescind any of
prior to or during implementation of the revised program. the above conditions upon
safety culture assessment, but no longer 3. NFS will conduct, via a third-party, demonstration by the Licensee of good
than 24 months from the date of this an independent safety culture cause.
Order, are the result of safety culture assessment(s), which includes nuclear
VI
deficiencies, such that NFS’s material security, within the following
implementation of the comprehensive parameters: Any person adversely affected by this
a. Within 90 days of the date of the Confirmatory Order, other than the
safety culture initiative warrants
order confirming this agreement, NFS Licensee, may request a hearing within
mitigation or other adjustment in any
will identify contractor(s) for 20 days of its issuance. Where good
resultant enforcement actions.
On January 9, 2007, the Licensee performing the independent third party cause is shown, consideration will be
consented to issuance of this Order with safety culture assessment, will submit to given to extending the time to request a
the commitments, as described in NRC the name(s) and qualifications of hearing. A request for extension of time
Section V below. The Licensee further the contractor(s) specifically, the must be made in writing to the Director,
agreed that this Order is to be effective experience of the contractor(s) in Office of Enforcement, U.S. Nuclear
conducting a safety culture assessment, Regulatory Commission, Washington,
upon issuance and the Licensee has
and will submit a plan and schedule for DC 20555–0001, and include a
waived its right to a hearing.
performing the safety culture statement of good cause for the
IV assessment developed by the extension. Any request for a hearing
Since the licensee has agreed to take independent third party. The shall be submitted to the Secretary, U.S.
additional actions to address NRC assessment shall include the 13 safety Nuclear Regulatory Commission, ATTN:
concerns, as set forth in Section III culture components discussed in the Chief, Rulemaking and Adjudications
above, the NRC has concluded that its NRC’s Regulatory Issue Summary 2006– Staff, Washington, DC 20555–0001.
concerns can be resolved through 013, dated July 31, 2006, and the Copies of the hearing request shall also
confirmation of the Licensee’s commitments NFS made at the be sent to the Director, Office of
commitments as outlined in this Order. management meeting with NRC on Enforcement, U.S. Nuclear Regulatory
I find that the Licensee’s September 18, 2006. The NRC will Commission, Washington, DC 20555–
commitments as set forth in Section V inform its review of NFS’s submittal 0001, to the Assistant General Counsel
are acceptable and necessary and using the relevant guidance contained for Materials Litigation and Enforcement
conclude that with these commitments, in NRC Inspection Procedure (IP) 95003 at the same address, to the Regional
the public health and safety are specifically, Sections 02.07–02.09, Administrator, NRC Region II, 61
reasonably assured. In view of the 03.07–03.09, and Enclosures A–F. NFS Forsyth Street, SW., Atlanta, Georgia
foregoing, I have determined that public will not be bound by any specific 30303, and to the Licensee. Because of
health and safety require that the provision of the NRC guidance potential disruptions in delivery of mail
Licensee’s commitments be confirmed document. to United States Government offices, it
by this Order. Based on the above and b. Within 270 days of the date of this is requested that answers and requests
the Licensee’s consent, this Order is Confirmatory Order, the independent for hearing be transmitted to the
immediately effective upon issuance. third party will complete its safety Secretary of the Commission either by
culture assessment. means of facsimile transmission to 301–
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V c. Ninety (90) days following 415–1101 or by e-mail to


Accordingly, pursuant to Sections 51, completion (i.e., upon the third party’s hearingdocket@nrc.gov and also to the
53, 161b, 161i, 161o, 182 and 186 of the issuance of the report to NFS) of the Office of the General Counsel either by
Atomic Energy Act of 1954, as amended, safety culture assessment, NFS shall means of facsimile transmission to 301–
and the Commission’s regulations in 10 provide NRC the third party contractor’s 415–3725 or by e-mail to
CFR 2.202 and 10 CFR Part 70, it is report documenting its findings and OGCMailCenter@nrc.gov. If a person

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41531

other than the licensee requests a Institute (NEI) and other stakeholders on MATTERS TO BE CONSIDERED: Agency
hearing, that person shall set forth with June 14, 2007, to discuss certain issues organization—whether to alter names of
particularity the manner in which his related to implementation of Subpart H the Office of Rates, Analysis and
interest is adversely affected by this of 10 CFR Part 70: (1) Appendix A to Planning and Office of Public Affairs
Order and shall address the criteria set Part 70, Reportable safety events, (2) and Governmental Relations to better
forth in 10 CFR 2.309(d) and (f). refinement of the definition of uranium reflect functions and responsibilities.
If the hearing is requested by a person solubility under Part 70, 3) use of digital CONTACT PERSON FOR MORE INFORMATION:
whose interest is adversely affected, the instrumentation and control (I&C) in Stephen L. Sharfman, General Counsel,
Commission will issue an Order safety and process settings, (4) § 70.72 Postal Regulatory Commission, 901 New
designating the time and place of any Facility changes and change process, York Avenue, NW., Suite 200,
hearing. If a hearing is held, the issue to and (5) possible revisions to the NRC Washington, DC 20268–0001, 202–789–
be considered at such hearing shall be Enforcement Policy. 6820.
whether this Confirmatory Order should Small working groups comprised of
Dated: Thursday, July 26, 2007.
be sustained. NRC and industry representatives, as
In the absence of any request for well as members of the public, will be Garry J. Sikora
hearing, or written approval of an formed to address four of the five issues. Acting Secretary.
extension of time in which to request a The use of digital I&C in fuel cycle [FR Doc. 07–3721 Filed 7–26–07; 12:52 pm]
hearing, the provisions specified in safety and process settings will not be BILLING CODE 7710–FW–M
Section V above shall be final 20 days addressed since it is part of a larger
from the date of this Order without NRC/NEI effort involving use of digital
further order or proceedings. If an I&C in the commercial nuclear industry. SECURITIES AND EXCHANGE
extension of time for requesting a The goal of the working groups is to COMMISSION
hearing has been approved, the develop regulatory guidance which
provisions specified in Section V shall would ultimately be approved by the Proposed Collection; Comment
be final when the extension expires if a NRC. Request
hearing request has not been received.
An answer or a request for hearing II. Summary
Extension:
shall not stay the immediate The purpose of this notice is to Form N–8F; SEC File No. 270–136; OMB
effectiveness of this order. provide the public an opportunity to Control No. 3235–0157.
For the Nuclear Regulatory Commission. participate as members of the working Notice is hereby given that pursuant
Dated this 21st day of February 2007. groups. The number of persons to the Paperwork Reduction Act of 1995
participating in these groups will be (44 U.S.C. 3501 et seq.) the Securities
Victor M. McCree for William D. Travers, limited to one or two; therefore, the first
Regional Administrator.
and Exchange Commission
one or two person expressing interest in (‘‘Commission’’) is soliciting comments
[FR Doc. 07–3702 Filed 7–27–07; 8:45 am] a particular group will have priority for on the collection of information
BILLING CODE 7590–01–P participation. However, all meetings of summarized below. The Commission
these working groups will be open to plans to submit this existing collection
the public and notice of these meetings of information to the Office of
NUCLEAR REGULATORY will be posted on the NRC Web site. To Management and Budget (‘‘OMB’’) for
COMMISSION express interest in participating in one extension and approval.
or more of these working groups, please Form N–8F (17 CFR 274.218) is the
Solicitation of Interest for Participation respond to the staff contact listed above
in U.S. Nuclear Regulatory form prescribed for use by registered
by August 20, 2007. investment companies in certain
Commission/Nuclear Energy Institute
Working Groups Dated at Rockville, Maryland this 19th day circumstances to request orders of the
of July 2007. Commission declaring that the
AGENCY: Nuclear Regulatory For the Nuclear Regulatory Commission. registration of that investment company
Commission. Margie Kotzalas, ceases to be in effect. The form requests,
ACTION: Solicitation of interest in Chief, MOX Branch, Special Projects and from investment companies seeking a
working group participation. Technical Support Directorate, Division of deregistration order, information about
Fuel Cycle Safety, and Safeguards, Office of (i) The investment company’s identity,
FOR FURTHER INFORMATION CONTACT: Nuclear Material Safety, and Safeguards. (ii) the investment company’s
James Smith, Project Manager, [FR Doc. E7–14649 Filed 7–27–07; 8:45 am] distributions, (iii) the investment
Technical Support Branch, Special BILLING CODE 7590–01–P company’s assets and liabilities, (iv) the
Projects and Technical Support events leading to the request to
Directorate, Division of Fuel Cycle deregister, and (v) the conclusion of
Safety and Safeguards, Office of Nuclear business. The information is needed by
Material Safety and Safeguards, U.S. POSTAL REGULATORY COMMISSION the Commission to determine whether
Nuclear Regulatory Commission, MS an order of deregistration is appropriate.
EBB2–C40M, Washington, DC 20555– Sunshine Act Meetings The Form takes approximately 3
0001. Telephone: (301) 492–3234; fax hours on average to complete. It is
number: (301) 492–6521; e-mail: NAME OF AGENCY: Postal Regulatory
Commission. estimated that approximately 251
jas4@nrc.gov. investment companies file Form N–8F
TIME AND DATE:Tuesday, July 31, 2007
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SUPPLEMENTARY INFORMATION: annually, so that the total annual


at 11:45 a.m. burden for the form is estimated to be
I. Introduction PLACE: Commission conference room 753 hours. The estimate of average
The U.S. Nuclear Regulatory 901 New York Avenue, NW., Suite 200, burden hours is made solely for the
Commission (NRC) held a public Washington, DC 20268–0001. purposes of the Paperwork Reduction
workshop with the Nuclear Energy STATUS: Open. Act and is not derived from a

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