2560 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

whether amounts billed for drugs are 

appropriate, OWCP must receive 19 data 

elements, including the name of the 

patient/beneficiary, the National Drug 

Code (NDC) number of the drugs 

prescribed, the quantity provided, the 

prescription number and the date the 

prescription was filled. The regulations 

implementing these statutes require the 

collection of information needed to 

enable OWCP to determine if bills for 

drugs submitted directly by pharmacies, 

or as reimbursement requests submitted 

by claimants, should be paid. (20 CFR 

10.801, 30.701, 725.701 and 725.705). 

There is no standardized paper form 

for submission of the billing information 

collected in this ICR. Over the past 

several years, the majority of pharmacy 

bills submitted to OWCP have been 

submitted electronically using one of 

the industry-wide standard formats for 

the electronic transmission of billing 

data through nationwide data 

clearinghouses devised by the National 

Council for Prescription Drug Programs 

(NCPDP). However, since some 

pharmacy bills are still submitted using 

a paper-based bill format, OWCP will 

continue to accept any of the many 

paper-based bill formats still used by 

some providers so long as they contain 

the data elements needed for processing 

the bill. None of the paper-based or 

electronic billing formats have been 

designed by or provided by OWCP; they 

are billing formats commonly accepted 

by other Federal programs and in the 

private health insurance industry for 

drugs. Nonetheless, the three programs 

(FECA, BLBA and EEOICPA) provide 

instructions for the submission of 

necessary pharmacy bill data elements 

in provider manuals distributed or made 

available to all pharmacies enrolled in 

the programs. 

The required data elements are used 

by OWCP and contractor bill processing 

staff to process paper and electronic 

bills for drugs dispensed by pharmacies. 

To enable OWCP and its contractor staff 

to consider the appropriateness of the 

requested payment in a timely fashion, 

it is essential that bill submissions 

include the data elements needed to 

evaluate the bill, such as the NDC 

number and the pharmacy’s provider 

identification number. To do this, 

OWCP evaluates the same data elements 

that are commonly evaluated by other 

Federal agencies and private health 

insurance carriers. If all the billing data 

elements required by OWCP are not 

collected, the contractor staff cannot 

process the bill. 

Darrin A. King, 

Acting Departmental Clearance Officer. 

[FR Doc. E7–678 Filed 1–18–07; 8:45 am] 

BILLING CODE 4510–CF–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts; 

Submission for OMB Review: 

Comment Request 

January 18, 2007. 

The National Endowment for the Arts 

(NEA) has submitted the following 

public information collection request 

(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]. Copies of this 

ICR, with applicable supporting 

documentation, may be obtained by 

contacting Tom Bradshaw via telephone 

at 202–682–5527 (this is not a toll-free 

number) or e-mail at 

bradshwt@arts.endow.gov. Individuals 

who use a telecommunications device 

for the deaf (TTY/TDD) may call 202–

682–5496 between 10 a.m. and 4 p.m. 

Eastern time, Monday through Friday. 

Comments should be sent to the 

Office of Information and Regulatory 

Affairs, Attn: OMB Desk Officer for the 

National Endowment for the Arts, Office 

of Management and Budget, Room 

10235, Washington, DC 20503 202–395–

7316, within 30 days from the date of 

this publication in the Federal Register. 

The Office of Management and Budget 

(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 submissions 

of responses. 

Agency: National Endowment for the 

Arts. 

Title: 2008 Survey of Public 

Participation in the Arts. 

OMB Number: New. 

Frequency: One Time. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

20,000. 

Estimated Time Per Respondent: 10 

minutes. 

Total Burden Hours: 3,333. 

Total Annualized Capital/Startup 

Costs: 0. 

Total Annual Costs (Operating/ 

Maintaining Systems or Purchasing 

Services): 0. 

Description: The National Endowment 

for the Arts proposes to conduct a 

national Survey of Public Participation 

in the Arts (SPPA) as a supplement to 

the Census Bureau’s Current Population 

Survey in May 2008. The survey will 

provide information on the extent to 

which the adult population participates 

in the arts. Responses will be analyzed 

to determine arts participation patterns 

and differences by population subgroup 

and geography and changes from prior 

SPPA’s conducted in 1982, 1985, 1992, 

1997, and 2002. The survey results and 

subsequent analyses will be used by arts 

administrators, researchers, and 

policymakers at the national, State, and 

local levels. 

ADDRESSES: Tom Bradshaw, National 

Endowment for the Arts, 1100 

Pennsylvania Avenue, NW., Room 616, 

Washington, DC 20506–0001, telephone 

202–682–5527 (this is not a toll-free 

number), fax 202/682–5677. 

Murray Welsh, 

Director, Administrative Services, National 

Endowment for the Arts. 

[FR Doc. E7–724 Filed 1–18–07; 8:45 am] 

BILLING CODE 7537–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–298] 

Nebraska Public Power District; Notice 

of Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. DPR–

46, issued to Nebraska Public Power 

District (the licensee), for operation of 

the Cooper Nuclear Station located in 

Nemaha County, Nebraska. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2561 

The proposed amendment would 

revise the Cooper Nuclear Station 

Technical Specification (TS) 4.3.1.1.c by 

adding a new nominal center-to-center 

distance between fuel assemblies for the 

new storage racks, and would revise TS 

4.3.3 by increasing the capacity of the 

spent fuel storage pool from 2,366 

assemblies to 2,651 assemblies. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in Title 10 

of the Code of Federal Regulations (10 

CFR), Section 50.92, this means that 

operation of the facility in accordance 

with the proposed amendment would 

not (1) Involve a significant increase in 

the probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. 

As required by 10 CFR 50.91(a), the 

licensee had provided its analysis of the 

no significant hazards consideration 

determination, which was presented in 

the Biweekly Federal Register Notice. 

The Biweekly Federal Register Notice—

Notice of Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for Hearing, was 

published in Federal Register on 

December 5, 2006 (71 FR 70561). 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period should circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

Should the Commission take action 

prior to the expiration of either the 

comment period or the notice period, it 

will publish in the Federal Register a 

notice of issuance. Should the 

Commission make a final No Significant 

Hazards Consideration Determination, 

any hearing will take place after 

issuance. The Commission expects that 

the need to take this action will occur 

very infrequently. 

Written comments may be submitted 

by mail to the Chief, Rulemaking, 

Directives and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and should cite the publication 

date and page number of this Federal 

Register notice. Written comments may 

also be delivered to Room 6D59, Two 

White Flint North, 11545 Rockville 

Pike, Rockville, Maryland, from 7:30 

a.m. to 4:15 p.m. Federal workdays. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area 

O1F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. 

The filing of requests for hearing and 

petitions for leave to intervene is 

discussed below. 

Within 60 days after the date of 

publication of this notice, the licensee 

may file a request for a hearing with 

respect to issuance of the amendment to 

the subject facility operating license and 

any person whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written request 

for a hearing and a petition for leave to 

intervene. Requests for a hearing and a 

petition for leave to intervene shall be 

filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings’’ in 10 

CFR Part 2. Interested persons should 

consult a current copy of 10 CFR 2.309, 

which is available at the Commission’s 

PDR, located at One White Flint North, 

Public File Area O1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible from the Agencywide 

Documents Access and Management 

System’s (ADAMS) Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also identify the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the basis 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the requestor’s/ 

petitioner’s position on the issue and on 

which the petitioner intends to rely at 

the hearing, together with references to 

those specific sources and documents of 

which the petitioner intends to rely at 

hearing. The petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration and 

must raise issues material to the 

findings the NRC must make to support 

the action that is involved in the 

proceeding. A petitioner/requestor who 

fails to satisfy these requirements with 

respect to at least one contention will 

not be permitted to participate as a 

party. 

Those permitted to intervene become 

parties to the proceeding and have the 

opportunity to participate fully in the 

conduct of the hearing. 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 


sroberts on PROD1PC70 with NOTICES
2562 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

Nontimely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission or the presiding officer that 

the petition, request and/or the 

contentions should be granted based on 

a balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

A request for a hearing or a petition 

for leave to intervene must be filed 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; (2) courier, express 

mail, and expedited delivery services: 

Office of the Secretary, Sixteenth Floor, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, 

Attention: Rulemaking and 

Adjudications Staff; (3) E-mail 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

HEARINGDOCKET@NRC.GOV; or (4) 

facsimile transmission addressed to the 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC, Attention: Rulemakings and 

Adjudications Staff at (301) 415–1101, 

verification number is (301) 415–1966. 

A copy of the request for hearing and 

petition for leave to intervene should 

also be sent to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and it is requested that copies be 

transmitted either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent Mr. John C. McClure, Nebraska 

Public Power District, Post Office Box 

499, Columbus, NE 63602–0499, 

attorney for the licensee. 

The Commission hereby provides 

notice that this is a proceeding on an 

application for a license amendment 

falling within the scope of section 134 

of the Nuclear Waste Policy Act of 1982 

(NWPA), 42 U.S.C. 10154. Under 

section 134 of the NWPA, in certain 

contested proceedings the Commission, 

at the request of any party to the 

proceeding, must provide an 

opportunity for oral argument with 

respect to ‘‘any matter which the 

Commission determines to be in 

controversy among the parties.’’ Section 

134 provides for oral argument on 

matters in controversy, preceded by 

discovery under the Commission’s rules 

and the designation, following argument 

of only those factual issues that involve 

a genuine and substantial dispute, 

together with any remaining questions 

of law, to be resolved in an adjudicatory 

hearing. Actual adjudicatory hearings 

are to be held on only those issues 

found to meet the criteria of section 134 

and set for hearing after oral argument. 

The Commission’s rules 

implementing section 134 of the NWPA 

are found in 10 CFR Part 2, Subpart K, 

‘‘Hybrid Hearing Procedures for 

Expansion of Spent Fuel Storage 

Capacity at Civilian Nuclear Power 

Reactors.’’ Under those rules, any party 

to the proceeding may invoke the hybrid 

hearing procedures by filing with the 

presiding officer a written request for 

oral argument under 10 CFR 2.1109. To 

be timely, the request must be filed 

together with a request for hearing/ 

petition to intervene, filed in 

accordance with 10 CFR 2.309. If it is 

determined a hearing will be held, the 

presiding officer must grant a timely 

request for oral argument. The presiding 

officer may grant an untimely request 

for oral argument only upon a showing 

of good cause by the requesting party for 

the failure to file on time and after 

providing the other parties an 

opportunity to respond to the untimely 

request. If the presiding officer grants a 

request for oral argument, any hearing 

held on the application must be 

conducted in accordance with the 

hybrid hearing procedures. In essence, 

those procedures limit the time 

available for discovery and require that 

an oral argument be held to determine 

whether any contentions must be 

resolved in an adjudicatory hearing. If 

no party to the proceeding timely 

requests oral argument, and if all 

untimely requests for oral argument are 

denied, then the usual procedures in 10 

CFR Part 2, Subpart L apply. 

For further details with respect to this 

action, see the application for 

amendment dated October 17, 2006, 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, File Public Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, 301–415–4737, or by e-mail 

to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 12th day 

of January, 2007. 

For the Nuclear Regulatory Commission. 

Carl F. Lyon, 

Project Manager, Plant Licensing Branch IV, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E7–699 Filed 1–18–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Exemption From the Requirement for a 

Specific License To Import Radioactive 

Waste 

Pursuant to 10 CFR 110.70(C) ‘‘Public 

notice of receipt of an application,’’

please take notice that the Nuclear 

Regulatory Commission (NRC) has 

received the following request for either 

a specific import license or an 

exemption from the requirement for a 

specific import license. Copies of the 

request are available electronically 

through ADAMS and can be accessed 

through the Public Electronic Reading 

Room (PERR) link http://www.nrc.gov/ 

NRC/ADAMS/index.html at the NRC 

Homepage. 

The NRC intends to issue an 

exemption from the requirement for a 

specific license and authorize use of the 

NRC general license after determining 

that the import described below: 

• Is authorized by law; 

• Is not inimical to the common 

defense and security of the United 

States; and 

• Will not constitute an unreasonable 

risk to the public health and safety. 

A request for a hearing or petition for 

leave to intervene may be filed within 

30 days after publication of this notice 

in the Federal Register. Any request for 

hearing or petition for leave to intervene 

shall be served by the requestor or 

petitioner upon the applicant, the Office 

of the General Counsel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555; the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555; and the Executive Secretary, 

U.S. Department of State, Washington, 

DC 20520. 

Information concerning the 

exemption from the requirement for a 

specific import license is as follows. 


sroberts on PROD1PC70 with NOTICES