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2560 Federal Register / Vol. 72, No.

12 / Friday, January 19, 2007 / Notices

whether amounts billed for drugs are collected, the contractor staff cannot Agency: National Endowment for the
appropriate, OWCP must receive 19 data process the bill. Arts.
elements, including the name of the Title: 2008 Survey of Public
Darrin A. King,
patient/beneficiary, the National Drug Participation in the Arts.
Acting Departmental Clearance Officer. OMB Number: New.
Code (NDC) number of the drugs
[FR Doc. E7–678 Filed 1–18–07; 8:45 am] Frequency: One Time.
prescribed, the quantity provided, the
BILLING CODE 4510–CF–P Affected Public: Individuals or
prescription number and the date the
households.
prescription was filled. The regulations Estimated Number of Respondents:
implementing these statutes require the 20,000.
NATIONAL FOUNDATION ON THE
collection of information needed to Estimated Time Per Respondent: 10
ARTS AND THE HUMANITIES
enable OWCP to determine if bills for minutes.
drugs submitted directly by pharmacies, National Endowment for the Arts; Total Burden Hours: 3,333.
or as reimbursement requests submitted Submission for OMB Review: Total Annualized Capital/Startup
by claimants, should be paid. (20 CFR Comment Request Costs: 0.
10.801, 30.701, 725.701 and 725.705). Total Annual Costs (Operating/
January 18, 2007. Maintaining Systems or Purchasing
There is no standardized paper form
The National Endowment for the Arts Services): 0.
for submission of the billing information (NEA) has submitted the following Description: The National Endowment
collected in this ICR. Over the past public information collection request for the Arts proposes to conduct a
several years, the majority of pharmacy (ICR) to the Office of Management and national Survey of Public Participation
bills submitted to OWCP have been Budget (OMB) for review and approval in the Arts (SPPA) as a supplement to
submitted electronically using one of in accordance with the Paperwork the Census Bureau’s Current Population
the industry-wide standard formats for Reduction Act of 1995 [Pub. L. 104–13, Survey in May 2008. The survey will
the electronic transmission of billing 44 U.S.C. Chapter 35]. Copies of this provide information on the extent to
data through nationwide data ICR, with applicable supporting which the adult population participates
clearinghouses devised by the National documentation, may be obtained by in the arts. Responses will be analyzed
Council for Prescription Drug Programs contacting Tom Bradshaw via telephone to determine arts participation patterns
(NCPDP). However, since some at 202–682–5527 (this is not a toll-free and differences by population subgroup
pharmacy bills are still submitted using number) or e-mail at and geography and changes from prior
a paper-based bill format, OWCP will bradshwt@arts.endow.gov. Individuals SPPA’s conducted in 1982, 1985, 1992,
continue to accept any of the many who use a telecommunications device 1997, and 2002. The survey results and
paper-based bill formats still used by for the deaf (TTY/TDD) may call 202– subsequent analyses will be used by arts
some providers so long as they contain 682–5496 between 10 a.m. and 4 p.m. administrators, researchers, and
the data elements needed for processing Eastern time, Monday through Friday. policymakers at the national, State, and
the bill. None of the paper-based or Comments should be sent to the local levels.
electronic billing formats have been Office of Information and Regulatory ADDRESSES: Tom Bradshaw, National
designed by or provided by OWCP; they Affairs, Attn: OMB Desk Officer for the Endowment for the Arts, 1100
are billing formats commonly accepted National Endowment for the Arts, Office Pennsylvania Avenue, NW., Room 616,
by other Federal programs and in the of Management and Budget, Room Washington, DC 20506–0001, telephone
10235, Washington, DC 20503 202–395– 202–682–5527 (this is not a toll-free
private health insurance industry for
7316, within 30 days from the date of number), fax 202/682–5677.
drugs. Nonetheless, the three programs
this publication in the Federal Register.
(FECA, BLBA and EEOICPA) provide The Office of Management and Budget Murray Welsh,
instructions for the submission of (OMB) is particularly interested in Director, Administrative Services, National
necessary pharmacy bill data elements comments which: Endowment for the Arts.
in provider manuals distributed or made • Evaluate whether the proposed [FR Doc. E7–724 Filed 1–18–07; 8:45 am]
available to all pharmacies enrolled in collection of information is necessary BILLING CODE 7537–01–P
the programs. for the proper performance of the
The required data elements are used functions of the agency, including
by OWCP and contractor bill processing whether the information will have NUCLEAR REGULATORY
staff to process paper and electronic practical utility; COMMISSION
bills for drugs dispensed by pharmacies. • Evaluate the accuracy of the
agency’s estimate of the burden of the [Docket No. 50–298]
To enable OWCP and its contractor staff
to consider the appropriateness of the proposed collection of information Nebraska Public Power District; Notice
requested payment in a timely fashion, including the validity of the of Consideration of Issuance of
it is essential that bill submissions methodology and assumptions used; Amendment to Facility Operating
• Enhance the quality, utility, and License, Proposed No Significant
include the data elements needed to
clarity of the information to be Hazards Consideration Determination,
evaluate the bill, such as the NDC
collected; and and Opportunity for a Hearing
number and the pharmacy’s provider • Minimize the burden of the
identification number. To do this, collection of information on those who The U.S. Nuclear Regulatory
OWCP evaluates the same data elements are to respond, including through the Commission (the Commission) is
that are commonly evaluated by other use of appropriate automated, considering issuance of an amendment
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Federal agencies and private health electronic, mechanical, or other to Facility Operating License No. DPR–
insurance carriers. If all the billing data technological collection techniques, or 46, issued to Nebraska Public Power
elements required by OWCP are not other forms of information technology, District (the licensee), for operation of
e.g., permitting electronic submissions the Cooper Nuclear Station located in
of responses. Nemaha County, Nebraska.

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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2561

The proposed amendment would Should the Commission take action Administrative Judge of the Atomic
revise the Cooper Nuclear Station prior to the expiration of either the Safety and Licensing Board will issue a
Technical Specification (TS) 4.3.1.1.c by comment period or the notice period, it notice of a hearing or an appropriate
adding a new nominal center-to-center will publish in the Federal Register a order.
distance between fuel assemblies for the notice of issuance. Should the As required by 10 CFR 2.309, a
new storage racks, and would revise TS Commission make a final No Significant petition for leave to intervene shall set
4.3.3 by increasing the capacity of the Hazards Consideration Determination, forth with particularity the interest of
spent fuel storage pool from 2,366 any hearing will take place after the petitioner in the proceeding, and
assemblies to 2,651 assemblies. issuance. The Commission expects that how that interest may be affected by the
Before issuance of the proposed the need to take this action will occur results of the proceeding. The petition
license amendment, the Commission very infrequently. should specifically explain the reasons
will have made findings required by the Written comments may be submitted why intervention should be permitted
Atomic Energy Act of 1954, as amended by mail to the Chief, Rulemaking, with particular reference to the
(the Act), and the Commission’s Directives and Editing Branch, Division following general requirements: (1) The
regulations. of Administrative Services, Office of name, address and telephone number of
The Commission has made a Administration, U.S. Nuclear Regulatory the requestor or petitioner; (2) the
proposed determination that the Commission, Washington, DC 20555– nature of the requestor’s/petitioner’s
amendment request involves no 0001, and should cite the publication right under the Act to be made a party
significant hazards consideration. Under date and page number of this Federal to the proceeding; (3) the nature and
the Commission’s regulations in Title 10 Register notice. Written comments may extent of the requestor’s/petitioner’s
of the Code of Federal Regulations (10 also be delivered to Room 6D59, Two property, financial, or other interest in
CFR), Section 50.92, this means that White Flint North, 11545 Rockville the proceeding; and (4) the possible
operation of the facility in accordance Pike, Rockville, Maryland, from 7:30 effect of any decision or order which
with the proposed amendment would a.m. to 4:15 p.m. Federal workdays. may be entered in the proceeding on the
not (1) Involve a significant increase in Documents may be examined, and/or requestor’s/petitioner’s interest. The
the probability or consequences of an copied for a fee, at the NRC’s Public petition must also identify the specific
accident previously evaluated; or (2) Document Room (PDR), located at One contentions which the petitioner/
create the possibility of a new or White Flint North, Public File Area requestor seeks to have litigated at the
different kind of accident from any O1F21, 11555 Rockville Pike (first proceeding.
accident previously evaluated; or (3) floor), Rockville, Maryland. Each contention must consist of a
involve a significant reduction in a The filing of requests for hearing and specific statement of the issue of law or
margin of safety. petitions for leave to intervene is fact to be raised or controverted. In
As required by 10 CFR 50.91(a), the discussed below. addition, the petitioner/requestor shall
licensee had provided its analysis of the Within 60 days after the date of provide a brief explanation of the basis
no significant hazards consideration publication of this notice, the licensee for the contention and a concise
determination, which was presented in may file a request for a hearing with statement of the alleged facts or expert
the Biweekly Federal Register Notice. respect to issuance of the amendment to opinion which support the requestor’s/
The Biweekly Federal Register Notice— the subject facility operating license and petitioner’s position on the issue and on
Notice of Consideration of Issuance of any person whose interest may be which the petitioner intends to rely at
Amendment to Facility Operating affected by this proceeding and who the hearing, together with references to
License, Proposed No Significant wishes to participate as a party in the those specific sources and documents of
Hazards Consideration Determination, proceeding must file a written request which the petitioner intends to rely at
and Opportunity for Hearing, was for a hearing and a petition for leave to hearing. The petition must include
published in Federal Register on intervene. Requests for a hearing and a sufficient information to show that a
December 5, 2006 (71 FR 70561). petition for leave to intervene shall be genuine dispute exists with the
The Commission is seeking public filed in accordance with the applicant on a material issue of law or
comments on this proposed Commission’s ‘‘Rules of Practice for fact. Contentions shall be limited to
determination. Any comments received Domestic Licensing Proceedings’’ in 10 matters within the scope of the
within 30 days after the date of CFR Part 2. Interested persons should amendment under consideration and
publication of this notice will be consult a current copy of 10 CFR 2.309, must raise issues material to the
considered in making any final which is available at the Commission’s findings the NRC must make to support
determination. PDR, located at One White Flint North, the action that is involved in the
Normally, the Commission will not Public File Area O1F21, 11555 proceeding. A petitioner/requestor who
issue the amendment until the Rockville Pike (first floor), Rockville, fails to satisfy these requirements with
expiration of 60 days after the date of Maryland. Publicly available records respect to at least one contention will
publication of this notice. The will be accessible from the Agencywide not be permitted to participate as a
Commission may issue the license Documents Access and Management party.
amendment before expiration of the 60- System’s (ADAMS) Public Electronic Those permitted to intervene become
day period provided that its final Reading Room on the Internet at the parties to the proceeding and have the
determination is that the amendment NRC Web site, http://www.nrc.gov/ opportunity to participate fully in the
involves no significant hazards reading-rm/doc-collections/cfr/. If a conduct of the hearing.
consideration. In addition, the request for a hearing or petition for If a hearing is requested, the
Commission may issue the amendment leave to intervene is filed by the above Commission will make a final
prior to the expiration of the 30-day date, the Commission or a presiding determination on the issue of no
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comment period should circumstances officer designated by the Commission or significant hazards consideration. The
change during the 30-day comment by the Chief Administrative Judge of the final determination will serve to decide
period such that failure to act in a Atomic Safety and Licensing Board when the hearing is held. If the final
timely way would result, for example, Panel, will rule on the request and/or determination is that the amendment
in derating or shutdown of the facility. petition; and the Secretary or the Chief request involves no significant hazards

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2562 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices

consideration, the Commission may respect to ‘‘any matter which the Persons who do not have access to
issue the amendment and make it Commission determines to be in ADAMS or who encounter problems in
immediately effective, notwithstanding controversy among the parties.’’ Section accessing the documents located in
the request for a hearing. Any hearing 134 provides for oral argument on ADAMS, should contact the NRC PDR
held would take place after issuance of matters in controversy, preceded by Reference staff by telephone at 1–800–
the amendment. If the final discovery under the Commission’s rules 397–4209, 301–415–4737, or by e-mail
determination is that the amendment and the designation, following argument to pdr@nrc.gov.
request involves a significant hazards of only those factual issues that involve Dated at Rockville, Maryland, this 12th day
consideration, any hearing held would a genuine and substantial dispute, of January, 2007.
take place before the issuance of any together with any remaining questions For the Nuclear Regulatory Commission.
amendment. of law, to be resolved in an adjudicatory
Carl F. Lyon,
Nontimely requests and/or petitions hearing. Actual adjudicatory hearings
and contentions will not be entertained are to be held on only those issues Project Manager, Plant Licensing Branch IV,
absent a determination by the Division of Operating Reactor Licensing,
found to meet the criteria of section 134 Office of Nuclear Reactor Regulation.
Commission or the presiding officer that and set for hearing after oral argument.
the petition, request and/or the The Commission’s rules [FR Doc. E7–699 Filed 1–18–07; 8:45 am]
contentions should be granted based on implementing section 134 of the NWPA BILLING CODE 7590–01–P

a balancing of the factors specified in 10 are found in 10 CFR Part 2, Subpart K,


CFR 2.309(c)(1)(i)–(viii). ‘‘Hybrid Hearing Procedures for
A request for a hearing or a petition Expansion of Spent Fuel Storage NUCLEAR REGULATORY
for leave to intervene must be filed by: Capacity at Civilian Nuclear Power COMMISSION
(1) First class mail addressed to the Reactors.’’ Under those rules, any party Exemption From the Requirement for a
Office of the Secretary of the to the proceeding may invoke the hybrid Specific License To Import Radioactive
Commission, U.S. Nuclear Regulatory hearing procedures by filing with the Waste
Commission, Washington, DC 20555– presiding officer a written request for
0001, Attention: Rulemaking and oral argument under 10 CFR 2.1109. To Pursuant to 10 CFR 110.70(C) ‘‘Public
Adjudications Staff; (2) courier, express be timely, the request must be filed notice of receipt of an application,’’
mail, and expedited delivery services: together with a request for hearing/ please take notice that the Nuclear
Office of the Secretary, Sixteenth Floor, petition to intervene, filed in Regulatory Commission (NRC) has
One White Flint North, 11555 Rockville accordance with 10 CFR 2.309. If it is received the following request for either
Pike, Rockville, Maryland 20852, determined a hearing will be held, the a specific import license or an
Attention: Rulemaking and presiding officer must grant a timely exemption from the requirement for a
Adjudications Staff; (3) E-mail request for oral argument. The presiding specific import license. Copies of the
addressed to the Office of the Secretary, officer may grant an untimely request request are available electronically
U.S. Nuclear Regulatory Commission, for oral argument only upon a showing through ADAMS and can be accessed
HEARINGDOCKET@NRC.GOV; or (4) of good cause by the requesting party for through the Public Electronic Reading
facsimile transmission addressed to the the failure to file on time and after Room (PERR) link http://www.nrc.gov/
Office of the Secretary, U.S. Nuclear providing the other parties an NRC/ADAMS/index.html at the NRC
Regulatory Commission, Washington, opportunity to respond to the untimely Homepage.
DC, Attention: Rulemakings and request. If the presiding officer grants a The NRC intends to issue an
Adjudications Staff at (301) 415–1101, request for oral argument, any hearing exemption from the requirement for a
verification number is (301) 415–1966. held on the application must be specific license and authorize use of the
A copy of the request for hearing and conducted in accordance with the NRC general license after determining
petition for leave to intervene should hybrid hearing procedures. In essence, that the import described below:
also be sent to the Office of the General those procedures limit the time • Is authorized by law;
Counsel, U.S. Nuclear Regulatory available for discovery and require that
Commission, Washington, DC 20555– an oral argument be held to determine • Is not inimical to the common
0001, and it is requested that copies be whether any contentions must be defense and security of the United
transmitted either by means of facsimile resolved in an adjudicatory hearing. If States; and
transmission to 301–415–3725 or by e- no party to the proceeding timely • Will not constitute an unreasonable
mail to OGCMailCenter@nrc.gov. A copy requests oral argument, and if all risk to the public health and safety.
of the request for hearing and petition untimely requests for oral argument are A request for a hearing or petition for
for leave to intervene should also be denied, then the usual procedures in 10 leave to intervene may be filed within
sent Mr. John C. McClure, Nebraska CFR Part 2, Subpart L apply. 30 days after publication of this notice
Public Power District, Post Office Box For further details with respect to this in the Federal Register. Any request for
499, Columbus, NE 63602–0499, action, see the application for hearing or petition for leave to intervene
attorney for the licensee. amendment dated October 17, 2006, shall be served by the requestor or
The Commission hereby provides which is available for public inspection petitioner upon the applicant, the Office
notice that this is a proceeding on an at the Commission’s PDR, located at of the General Counsel, U.S. Nuclear
application for a license amendment One White Flint North, File Public Area Regulatory Commission, Washington,
falling within the scope of section 134 O1 F21, 11555 Rockville Pike (first DC 20555; the Secretary, U.S. Nuclear
of the Nuclear Waste Policy Act of 1982 floor), Rockville, Maryland. Publicly Regulatory Commission, Washington,
(NWPA), 42 U.S.C. 10154. Under available records will be accessible from DC 20555; and the Executive Secretary,
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section 134 of the NWPA, in certain the Agencywide Documents Access and U.S. Department of State, Washington,
contested proceedings the Commission, Management System’s (ADAMS) Public DC 20520.
at the request of any party to the Electronic Reading Room on the Internet Information concerning the
proceeding, must provide an at the NRC Web site, http:// exemption from the requirement for a
opportunity for oral argument with www.nrc.gov/reading-rm/adams.html. specific import license is as follows.

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