[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39922-39926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16990]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0144; Docket No. 70-7020]
Notice of Acceptance of Application for Special Nuclear Materials
License From Sensor Concepts and Applications, Inc., Opportunity To
Request a Hearing, and Order Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards Information for Contention
Preparation
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license application, opportunity to request a hearing
and to petition for leave to intervene, and Commission order.
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DATES: Requests for a hearing or Leave to Intervene must be filed by
September 6, 2011. Any potential party as defined in Title 10 of the
Code of Federal Regulations (10 CFR) 2.4 who believes access to
sensitive unclassified non-safeguards information (SUNSI) is necessary
to respond to this notice must request document access by July 18,
2011.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2011-0144 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site at
http://www.Regulations.gov. Because your comments will not be edited to
remove identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that you inform any party soliciting or
aggregating comments received from other persons for submission to the
NRC that the NRC will not edit their comments to remove identifying or
contact information. Therefore, they should not include any information
in their comments they do not want publicly disclosed.
You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to http://
www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0144. Address questions about NRC dockets to Carol Gallagher at
301-492-3668, or via e-mail to [email protected].
Mail Comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax Comments to: RADB at 301-492-3446.
You can access to publicly available documents related to this
notice may be obtained by using the following methods:
NRC's Public Document Room (PDR): The public may examine
and obtain copies for a fee of publicly available documents at the
NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC's Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public may gain entry into
ADAMS, which provides text and image files of the NRC's public
documents. If you do not have access to ADAMS, or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
The public version of the Sensor Concepts and Applications, Inc's.,
(SCA) application is available electronically under ADAMS Accession
Number ML102650097. The ADAMS Accession Number for the non-public
version of the license application is ML102650199. The February 17,
2011, acceptance letter from the NRC's staff may be found under ADAMS
Accession Number ML110450186.
FOR FURTHER INFORMATION CONTACT: Marilyn Diaz, Project Manager, Fuel
Manufacturing Branch, Division of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Mailstop: EBB2-C40M,
Rockville, Maryland 20852. Telephone: 301-492-3172; fax number: 301-
492-3363; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has
accepted for review an application for a new license for the possession
and use of special nuclear material (SNM) for performance testing of
new technologies under a project sponsored by the Domestic Nuclear
Detection Office (DNDO) of the U.S. Department of Homeland Security
(DHS). Sensor Concepts and Applications (SCA) requested the new license
for a period
[[Page 39923]]
of 10 years. This license application, if approved, would authorize SCA
to possess and use special nuclear materials under 10 CFR Part 70,
``Domestic Licensing of Special Nuclear Material.''
II. Discussion
In an application dated August 18, 2010, SCA Inc. requested a
license to possess and use SNM to conduct tests of new technology of
detection systems. The material will be used as test objects for
concept demonstrations and characterization testing at the SCA
facility. Following an administrative review, the NRC requested that
SCA revise the application to include elements essential to the review.
SCA submitted a revised license application dated November 12, 2010,
and supplemental information on February 14, 2011. As documented in a
letter to SCA dated February 17, 2011, the NRC staff found the revised
license application acceptable to begin a detailed technical review.
The application has been docketed in Docket No. 70-7020.
If the NRC approves the license application, the approval will be
documented in the issuance of a new NRC License. However, before
approving the license application and issuing the license, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the NRC's regulations. These findings will be
documented in a Safety Evaluation Report but because the licensed
material will be used for research and development and testing
contained within sealed sources, the application qualifies for a
categorical exclusion, pursuant to 10 CFR 51.22(c)(14)(viii).
Therefore, an environmental assessment or environmental impact
statement will not be performed.
III. Opportunity To Request a Hearing
Requirements for submitting hearing requests and petitions for
leave to intervene are found in 10 CFR 2.309, ``Hearing Requests,
Petitions to Intervene, Requirements for Standing, and Contentions.''
Interested persons should consult 10 CFR 2.309, which is available at
the NRC's PDR, located at One White Flint North, 11555 Rockville Pike,
Room O1-F21, Rockville, MD 20852 (or call the PDR at 1-800-397-4209 or
301-415-4737). NRC regulations are also accessible electronically from
the NRC's Library at http://www.nrc.gov/reading-rm/adams.html.
IV. Petition for Leave To Intervene
Any person whose interest may be affected by this proceeding, and
who desires to participate as a party in the proceeding must file a
written petition for leave to intervene. 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 must provide
the name, address, and telephone number of the petitioner; and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Atomic Energy Act of 1954, as amended
(the Act), to be made a party to the proceeding; (2) the nature and
extent of the petitioner's property, financial, or other interest in
the proceeding; and (3) the possible effect of any order that may be
entered in the proceeding on the petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding, and is material
to the findings that the NRC must make to support the granting of a
license in response to the application. The petition must also include
a concise statement of the alleged facts or expert opinions which
support the position of the petitioner, and on which the petitioner
intends to rely at the Hearing--together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the license
application that the petitioner disputes and the supporting reasons for
each dispute, or, if the petitioner believes that the license
application fails to contain information on a relevant matter as
required by law, the identification of each failure, and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC's regulations, policies, and procedures. The
Licensing Board will set the time and place for any pre-hearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Petitions for leave to intervene must be submitted no later than 60
days from July 7, 2011. Non-timely petitions for leave to intervene and
contentions, amended petitions, and supplemental petitions will not be
entertained, absent a determination by the Commission, the Licensing
Board or a Presiding Officer that the petition should be granted and/or
the contentions should be admitted based upon a balancing of the
factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
September 6, 2011. The petition must be filed in accordance with the
filing instructions in Section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a non-party,
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any pre-hearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission September 6, 2011.
[[Page 39924]]
V. Electronic Submissions (E-Filing)
All documents filed in NRC's adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and any document filed by
interested Governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007.) The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet--or in some
cases, to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the petitioner/requestor should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 301-415-1677, to request:
(1) A digital identification (ID) certificate, which allows the
participant (or its counsel or representative) to digitally sign
documents and access the E-Submittal server for any proceeding in which
it is participating; and (2) advise the Secretary that the participant
will be submitting a request or petition for hearing (even in instances
in which the petitioner/requestor, or its counsel or representative,
already holds an NRC-issued digital ID certificate.) Based on this
information, the Secretary will establish an electronic docket for the
hearing in this proceeding, if the Secretary has not already
established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's, ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software; and the NRC's Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form, including
the installation of the Web browser plug-in, which is available on the
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a petitioner/requestor has obtained a digital ID certificate
and a docket has been created, the petitioner/requestor can then submit
a request for hearing or petition for Leave to Intervene. Submissions
should be in Portable Document Format (PDF) in accordance with the
NRC's 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 documents through the
Electronic Information Exchange (EIE) system. To be timely, an
electronic filing must be submitted to the E-Filing system, no later
than 11:59 p.m., Eastern Standard 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's 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a Hearing Request/Petition
to Intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by calling 1-800-672-7640. The NRC Meta
System Help Desk is available between 8 a.m. and 8 p.m. Eastern
Standard Time, Monday through Friday, excluding Federal holidays.
Participants who believe that they have a 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: Rulemakings and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, 16th Floor, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemakings 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. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as Social Security numbers,
home addresses, or home telephone numbers in their filings, unless an
NRC regulation or other law requires submission of such information.
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 submission.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this Notice of Acceptance of
Application and Opportunity to Request a Hearing, any potential party
who believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered,
absent a showing of good cause for the
[[Page 39925]]
late filing addressing why the request could not have been filed
earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff; and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
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\1\ While a request for Hearing or Petition to Intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
D. Based on an evaluation of the information submitted under
paragraph C.(3), the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
those documents. These conditions may include, but are not limited to,
the signing of a Non-Disclosure Agreement or Affidavit, or Protective
Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge, if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the Notice of Hearing or Opportunity for Hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC's
staff, either after a determination on standing and need for access or
after a determination on trustworthiness and reliability, the NRC's
staff shall immediately notify the requestor in writing, briefly
stating the reason(s) for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requester may
challenge an NRC staff's determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff's determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff's
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff's determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize unnecessary delays in identifying those
petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 30th day of June 2011.
For the Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
Attachment 1: General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/Activity
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0........................ Publication of Federal Register Notice of
Acceptance of Application and Opportunity to
Request a Hearing, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
[[Page 39926]]
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... The U.S. Nuclear Regulatory Commission's
(NRC's) staff informs the requester of the
staff's determination whether the request
for access provides a reasonable basis to
believe standing can be established and
shows need for SUNSI. (The NRC's staff also
informs any party to the proceeding whose
interest independent of the proceeding would
be harmed by the release of the
information.) If the NRC's staff makes the
finding of need for SUNSI and likelihood of
standing, the NRC's staff begins document
processing (preparation of redactions or
review of redacted documents).
25....................... If the NRC's staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; the NRC's staff files copy
of access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If the NRC's staff finds ``need'' for SUNSI,
the deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for the NRC staff reply to motions
to reverse the NRC staff determination(s).
40....................... (Receipt +30) If the NRC staff finds standing
and need for SUNSI, deadline for the NRC
staff to complete information processing and
file motion for Protective Order and draft
Non-Disclosure Affidavit. Deadline for
applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervener
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2011-16990 Filed 7-6-11; 8:45 am]
BILLING CODE 7590-01-P