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Code · REGISTER · 2007-12-03 · National Archives and Records Administration (NARA) · Notices

Notices. Notice of availability of proposed records schedules; request for comments

14,404 words·~65 min read·/register/2007/12/03/07-5893

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 9210-01-M NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration
(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before January 2, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division
(NWML)using one of the following means: *Mail:* NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. *E-mail:* *requestschedule@nara.gov.* *FAX:* 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. *Telephone:* 301-837-1539. *E-mail: records.mgt@nara.gov.* SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form
(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of the Army, Agency-wide (N1-AU-00-38, 2 items, 2 temporary items). Master file and outputs associated with an electronic information system used to track installation populations for resource planning purposes. Data includes installation identifiers, unit identification codes, and installation population counts (number of officers, enlisted, and civilians). 2. Department of Defense, Office of the Secretary of Defense (N1-330-08-2, 1 item, 1 temporary item). Master file associated with an electronic information system used to track, manage, and report personnel data. Data includes personnel contact information, position identifiers, security clearances information, assignment data, and related data. 3. Department of Energy, Idaho Operations Office (N1-434-08-1, 1 item, 1 temporary item). Records relating to radiographs of fuel elements. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 4. Department of Health and Human Services, Food and Drug Administration (N1-88-06-3, 16 items, 11 temporary items). Non-significant correspondence, presentations and daily activities of senior officials; routine and administrative program correspondence and original correspondence after entry into an electronic recordkeeping system; electronic data associated with tracking temporary correspondence; and background working files. Proposed for permanent retention are significant correspondence, presentations and daily activities of senior officials, significant program correspondence, and electronic data associated with tracking permanent correspondence. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 5. Department of Justice, Federal Bureau of Investigation (N1-65-08-1, 8 items, 8 temporary items). Inputs, outputs, master file, transfer agreements and other records related to the Employee Relocation Manager system. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 6. Department of State, All Foreign Service Posts (N1-84-08-1, 8 items, 6 temporary items). Routine correspondence and case files relating to public diplomacy activities. Proposed for permanent retention are general public diplomacy program files and locally produced publications. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium, for temporary items. 7. Department of Transportation, Federal Railroad Administration (N1-399-07-20, 7 items, 5 temporary items). Records used to produce outreach materials for the public or Congress, including background information, news clippings, public service awards, and records relating to public service recognition week. Proposed for permanent retention are agency press releases and biographical information on agency officials. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 8. Federal Deposit Insurance Corporation, Agency-wide (N1-34-07-1, 313 items, 276 temporary items). Comprehensive agency schedule covering insured depository oversight records, administrative records, and operational records. Proposed for permanent retention are the minutes of the Board of Directors, program and policy records of the Board and divisions, failed financial institution records, and bank management simulation records. 9. Federal Housing Finance Board, Agency-wide (N1-485-08-1, 1 item, 1 temporary item). Records relating to policies and procedures for administrative functions such as travel, leave, procurement, and parking. 10. Federal Maritime Commission, Bureau of Certification and Licensing (N1-358-07-2, 7 items, 7 temporary items). Office of Passenger Vessels and Information Processing records including Performance Certificate and Casualty Certificate application case files; copies of Performance and Casualty Certificates; insurance policy and trust fund files; and copies of correspondence reading files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 11. Federal Maritime Commission, Agency-wide (N1-358-07-3, 1 item, 1 temporary item). Master file for an electronic information system which provides a contact list of all entities that are regulated by or do business with the Commission. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 12. Federal Mediation and Conciliation Service, Office of Director and Chief of Staff (N1-280-06-1, 13 items, 7 temporary items). General correspondence, reading files, reference copies of official directives, working or background files, travel files, and congressional hearing and testimony files. Proposed for permanent retention are policy records of the Director, the Director's official calendar, official copies of directives, Director's speeches, presentations, and associated index, and Advisory Committee records. 13. Federal Mediation and Conciliation Service, Office of General Counsel (N1-280-06-2, 7 items, 6 temporary items). Correspondence, case files, subpoena files, inquiry request files, congressional inquiry files, and reports to the Office of Management and Budget and General Services Administration. Proposed for permanent retention are legal opinion files. 14. Federal Mediation and Conciliation Service, Department of Public Affairs (N1-280-07-2, 5 items, 2 temporary items). Records include reference and convenience files. Proposed for permanent retention are electronic publications, audio-visual records, and history files. 15. Federal Mediation and Conciliation Service, Office of Budget and Finance (N1-280-07-4, 14 items, 11 temporary items). Budget estimates, correspondence, special analysis and year end reports, reference copies of budget documents maintained by other offices, telecommunication letters, and other budget records. Proposed for permanent retention are the official published budget submission, correspondence of the Director, and the five year strategic plan. Dated: November 23, 2007. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E7-23381 Filed 11-30-07; 8:45 am] BILLING CODE 7515-01-P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541) AGENCY: National Science Foundation. ACTION: Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978, Pub. L. 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by January 2, 2008. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or
(703)292-7405. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas as requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. The applications received are as follows: 1. *Applicant:* Diana Wall, Colorado State University, Fort Collins, CO 80523-1499. Permit Application No. 2008-031. *Activity for Which Permit Is Requested:* Enter Antarctic Specially Protected Areas. The applicant plans to enter Cape Crozier (ASPA #124), and Cape Royds (ASPA #121) to collect soil invertebrates (nematodes). Samples were collected previously from these locations; however, molecular data on nematodes from these soils is lacking. Samples are needed to determine if there is a genetic variation in the population that is indiscernible from previously collected data. *Location:* Cape Crozier (ASPA #124), Cape Royds (ASPA #121), and Cape Bird, Ross Island. *Dates:* January 14, 2008 to February 15, 2008. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. E7-23326 Filed 11-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On October 23, 2007, the National Science Foundation published a notice in the **Federal Register** of permit applications received. Permits were issued on November 23, 2007 to: Gary Hockman, Permit No. 2008-023 Geoff Haines-Stiles, Permit No. 2008-024 Rennie S. Holt, Permit No. 2008-025 Craig Tweedie, Permit No. 2008-028 David L. Barbeau, Permit No. 2008-029 Nadene G. Kennedy, Permit Officer. [FR Doc. E7-23348 Filed 11-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On October 23, 2007, the National Science Foundation published a notice in the **Federal Register** of permit applications received. A permit was issued on November 28, 2007 to: David Caron, Permit No. 2008-027 Nadene G. Kennedy, Permit Officer. [FR Doc. E7-23349 Filed 11-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permit modification issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On October 26, 2007, the National Science Foundation published a notice in the **Federal Register** of a Waste Management permit application received. A Waste Management permit was issued on November 26, 2007 to the following applicant: Jon Bowermaster, Permit No.: 2008 WM-001 Nadene G. Kennedy, Permit Officer. [FR Doc. E7-23350 Filed 11-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION
(NSF)National Science Board; Roundtable Discussion on Cost Sharing Date and Time: December 7, 2007; 8 a.m. to 4:30 p.m. ADDRESSES: National Science Foundation, 4201 Wilson Blvd., Room 1235, Arlington, VA 22230. All visitors must report to the NSF visitor desk at the 9th and N. Stuart Streets entrance to receive a visitor's badge. FOR FURTHER INFORMATION CONTACT: Jennifer Richards, National Science Board Office, Telephone:
(703)292-7000, e-mail: *jlrichar@nsf.gov.* Please refer to the National Science Board Web site ( *http://www.nsf.gov/nsb* ) for updated Agenda. *Status:* This Roundtable Discussion will be open to the public. Provisional Agenda Roundtable Discussion on Cost Sharing 8 a.m. Welcoming Remarks • Dr. Kelvin K. Droegemeier, National Science Board Member and Chair, Board Task Force on Cost Sharing 8:05 a.m. Motivation, Purpose and Goals • Dr. Droegemeier 8:15 a.m. Process and Logistics for Board Workshops • Dr. Michael P. Crosby, Executive Director, National Science Board 8:25 a.m. Introduction of Participants 8:35 a.m. Remarks: History of Cost Sharing in Federally Funded Research and Key Issues in Cost Sharing Speaker: Robert J. Hardy, Director, Contracts and Intellectual Property Management, Council on Governmental Relations (RMR Author)* 9:20 a.m. Direct and Indirect Impacts of Cost Sharing on the University Research Enterprise Discussion Moderator: Howard Gobstein, Vice President for Research and Science Policy, NASULGC* *Discussion Item: The Board is examining the effects of cost sharing requirements on the academic R&D enterprise and the extent to which cost sharing impedes or promotes strategic financial investments in research by colleges and universities. Of further interest is the impact of cost sharing on the overall costs of academic R&D borne by universities and colleges.* 10:10 a.m. Break 10:25 a.m. The Nature and Role of Cost Sharing in the Proposal Decision Process Discussion Moderator: Arthur Bienenstock, Special Assistant to the President for SLAC and Federal Research Policy, Stanford University (RMR Author)* *Discussion Item: The Board is examining the fundamental philosophy of mandated and voluntary cost sharing in Federally funded research. Regarding voluntary cost sharing (or institutional commitment), the Board is specifically examining the extent to which these resources should be regulated and monitored, and the extent to which they should be considered as part of the peer review or agency decision processes if they bear on the investigator's or institution's ability to complete the proposed work.* 11:15 a.m Lunch 12:30 p.m. Impacts of Cost Sharing on University-Industry Research Partnerships Discussion Moderator: Dan Mote, Co-Chair, Government-University-Industry Research Roundtable* *Discussion Item: The Board is examining whether cost sharing policies can be tailored for effective application to specific types of programs (such as those involving industry), and whether the elimination of non-statutory cost sharing has had a positive or negative impact on those specific types of programs.* 1:20 p.m. Reporting and Auditing of Cost Sharing: Agency and Institutional Perspectives Discussion Moderators: Sarah Wasserman, former Assistant Vice Chancellor for Research at the University of Illinois at Urbana-Champaign* *Discussion Item: The Board is examining the nature and magnitude of the challenges for both Federal agencies and grantee institutions in tracking and reporting both mandatory and voluntary cost sharing.* 2:10 p.m. Break 2:25 p.m. Preventing the “Have”/“Have Not” Gap in University Competition for Federal Research Grants Discussion Moderator: Irwin Feller, Professor Emeritus of Economics, Pennsylvania State University* *Discussion Item: The Board is examining the extent to which cost sharing impacts participation in Federal research funding opportunities.* 3:15 p.m. Roundtable Discussion: Options for Revision to Board Cost Sharing Policy for NSF Discussion Moderator: Dr. Droegemeier 4:15 p.m. Summary and Next Steps 4:30 p.m. Adjourn * pending acceptance of invitation Note: This roundtable discussion will not involve National Science Board deliberations and is not subject to 5 U.S.C. 552b. Michael P. Crosby, Executive Officer and NSB Office Director. [FR Doc. E7-23323 Filed 11-30-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Nuclear Waste and Materials; Meeting Notice The Advisory Committee on Nuclear Waste and Materials (ACNW&M) will hold its 185th meeting on December 17-19, 2007, at 11545 Rockville Pike, Rockville, Maryland. Monday, December 17, 2007, Room T-2B3 *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACNW&M Chairman* (Open)—The Chairman will make opening remarks regarding the conduct of today's sessions. *8:35 a.m.-10 a.m.: Electric Power Research Institute's Report on Drift Degradation at Yucca Mountain* (Open)—A representative from the Electric Power Research Institute will summarize the approach, methods, and conclusions of their 2007 report on drift degradation. *1 p.m.-2:30 p.m.: Update on NRC Rulemaking on Groundwater Protection at the In-Situ Leach Uranium Mining Facilities* (Open)—NRC staff from the Office of Federal and State Materials and Environmental Management Programs
(FSME)will brief the Committee on the status of the rulemaking on groundwater protection at in-situ leach uranium recovery sites. *2:45 p.m.-3:30 p.m.: Vendor's View on the Transportation-Aging Disposal Performance Specifications* (Open)—A representative from NAC International, a commercial cask vendor, will brief the Committee on their views on the Transportation-Aging-Disposal
(TAD)performance specifications, possible challenges the vendor may be facing, and suggestions for expediting NRC approval of any TAD license application. *3:30 p.m.-5 p.m.: Discussion of ACNW&M Letter Reports* (Open)—The Committee will discuss potential and proposed ACNW&M letter reports. Tuesday, December 18, 2007, Room T-2B3 *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACNW&M Chairman* (Open)-The Chairman will make opening remarks regarding the conduct of today's sessions. *8:35 a.m.-9:30 a.m.: Status of Operations at the Barnwell Low-Level Radioactive Waste Disposal Facility* (Open)—The Barnwell low-level radioactive waste
(LLW)disposal facility is scheduled to close to non-compact states in July 2008. A representative of the site's operator, Energy Solutions, will update the Committee on activities at this commercial disposal facility in anticipation of scaled-back operations. *9:45 a.m.-11:30 a.m.: NRC 2006 Commercial LLW Strategic Planning Initiative* (Open)—Representatives from the Office of FSME will brief the Committee on their recently-issued Commission Paper (SECY-07-0180) containing specific recommendations on the scope of work to be considered in any future NRC commercial LLW program. This briefing is also expected to include a summary of the public comments received in 2005. *1 p.m.-2 p.m.: Review of Planned Waste Management Activities at U.S. Department of Energy Mixed-Oxide Fuel Fabrication Facility* (Open)—NRC staff from the Office of Nuclear Material Safety and Safeguards will brief the Committee on planned waste management activities at U.S. Department of Energy's
(DOE)Mixed-Oxide Fuel Fabrication Facility in Aiken, South Carolina. *2 p.m.-3 p.m.: Briefing on Tritium Task Force Actions to Revise the Significance Determination Process to Address Spills and Leaks* (Open)—A representative from the Office of Nuclear Reactor Regulation will report on the revisions to its Significance Determination Process to address radioactive liquid spills and leaks in response to an action recommended in the Tritium Task Force Report. *3:15 p.m.-5 p.m.: Discussion of ACNW&M Letter Reports* (Open)—The Committee will discuss potential and proposed ACNW&M letter reports. Wednesday, December 19, 2007, Room T-2B1 *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACNW&M Chairman* (Open)—The Chairman will make opening remarks regarding the conduct of today's sessions. *8:35 a.m.-3 p.m.: Discussion of ACNW&M Letter Reports* (Open)—The Committee will continue discussion of proposed ACNW&M letter reports. *3 p.m.-4 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of ACNW&M activities and specific issues that were not completed during previous meetings, as time and availability of information permit. Discussions may include content of future letters and scope of future Committee Meetings. Procedures for the conduct of and participation in ACNW&M meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54693). In accordance with those procedures, oral or written views may be presented by members of the public. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Persons desiring to make oral statements should notify Dr. Antonio F. Dias (Telephone 301-415-6805), between 8:15 a.m. and 5 p.m. (ET), as far in advance as practicable so that appropriate arrangements can be made to schedule the necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the ACNW&M Chairman. Information regarding the time to be set aside for taking pictures may be obtained by contacting the ACNW&M office prior to the meeting. In view of the possibility that the schedule for ACNW&M meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should notify Dr. Dias as to their particular needs. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefore can be obtained by contacting Dr. Dias. Video teleconferencing service is available for observing open sessions of ACNW&M meetings. Those wishing to use this service for observing ACNW&M meetings should contact Mr. Theron Brown, ACRS/ACNW&M Audio Visual Assistant (301-415-8066), between 7:30 a.m. and 3:45 p.m., (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. During the days of the meeting, phone number 301-415-7360 should be used in order to access anyone in the ACNW&M Office. ACNW&M meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov* , or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System
(PARS)component of NRC's document system (ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/acnw* (ACNW&M schedules and agendas). Dated: November 27, 2007. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E7-23331 Filed 11-30-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-07-252] In the Matter of All Licensees Identified in Attachment 1 and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately) I The Licensee identified in Attachment 1 1 to this Order, holds a license issued in accordance with the Atomic Energy Act
(AEA)of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission), authorizing them to engage in an activity subject to regulation by the Commission or Agreement States. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation
(FBI)identification and criminal history records check of any person who is to be permitted to have access to Safeguards Information (SGI). 2 The NRC's implementation of this requirement cannot await the completion of the SGI rulemaking, which is underway, because the EPAct fingerprinting and criminal history records check requirements for access to SGI were immediately effective upon enactment of the EPAct. Although the EPAct permits the Commission by rule to except certain categories of individuals from the fingerprinting requirement, which the Commission has done (see 10 CFR 73.59, 71 FR 33,989 (June 13, 2006)), it is unlikely that licensee employees or others are excepted from the fingerprinting requirement by the “fingerprinting relief” rule. Individuals relieved from fingerprinting and criminal history records checks under the relief rule include Federal, State, and local officials and law enforcement personnel; Agreement State inspectors who conduct security inspections on behalf of the NRC; members of Congress and certain employees of members of Congress or Congressional Committees, and representatives of the International Atomic Energy Agency
(IAEA)or certain foreign government organizations. In addition, individuals who have a favorably-decided U.S. Government criminal history records check within the last five
(5)years, or individuals who have active federal security clearances (provided in either case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for access to SGI, as set forth by this Order, so that affected licensees can obtain and grant access to SGI. This Order also imposes requirements for access to SGI by any person, from any person, 3 whether or not a Licensee, Applicant, or Certificate Holder of the Commission or Agreement States. 1 Attachment 1 contains sensitive information and will not be released to the public. 2 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. 3 Person means
(1)any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
(2)any legal successor, representative, agent, or agency of the foregoing. II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of SGI. Section 147 of the AEA grants the Commission explicit authority to issue such Orders as necessary to prohibit the unauthorized disclosure of SGI. Furthermore, Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and an FBI identification and a criminal history records check of each individual who seeks access to SGI. In addition, no person may have access to SGI unless the person has an established need-to-know the information and satisfies the trustworthy and reliability requirements described in Attachment 3 to Order EA-07-251. In order to provide assurance that the Licensees identified in Attachment 1 to this Order are implementing appropriate measures to comply with the fingerprinting and criminal history records check requirements for access to SGI, all Licensees identified in Attachment 1 to this Order shall implement the requirements of this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR parts 30 and 73, it is hereby ordered, effective immediately, that all licensees identified in attachment 1 to this order and all other persons who seek or obtain access to safeguards information, as described above, shall comply with the requirements set forth in this order. A. 1. No person may have access to SGI unless that person has a need-to-know the SGI, has been fingerprinted or who has a favorably-decided FBI identification and criminal history records check, and satisfies all other applicable requirements for access to SGI. Fingerprinting and the FBI identification and criminal history records check are not required, however, for any person who is relieved from that requirement by 10 CFR 73.59 (71 FR 33,989 (June 13, 2006)), or who has a favorably-decided U.S. Government criminal history records check within the last five
(5)years, or who has an active federal security clearance, provided in the latter two cases that the appropriate documentation is made available to the Licensee's NRC-approved reviewing official described in paragraph III.C.2 of this Order. 2. No person may have access to any SGI if the NRC has determined, based on fingerprinting and an FBI identification and criminal history records check, that the person may not have access to SGI. B. No person may provide SGI to any other person except in accordance with Condition III.A. above. Prior to providing SGI to any person, a copy of this Order shall be provided to that person. C. All Licensees identified in Attachment 1 to this Order shall comply with the following requirements: 1. The Licensee shall, within twenty
(20)days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of Attachment 2 to this Order. 2. The Licensee shall, within twenty
(20)days of the date of this Order, submit the fingerprints of one
(1)individual who
(a)the Licensee nominates as the “reviewing official” for determining access to SGI by other individuals, and
(b)has established need-to-know information and has been determined to be trustworthy and reliable in accordance with the requirements described in Attachment 3 to Order EA-07-251. The NRC will determine whether this individual (or any subsequent reviewing official) may have access to SGI and, therefore, will be permitted to serve as the Licensee's reviewing official. 4 The Licensee may, at the same time or later, submit the fingerprints of other individuals to whom the Licensee seeks to grant access to SGI. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 2 of this Order. 4 The NRC's determination of this individual's access to SGI in accordance with the process described in Enclosure 5 to the transmittal letter of this Order is an administrative determination that is outside the scope of this Order. 3. The Licensee shall, in writing, within twenty
(20)days of the date of this Order, notify the Commission,
(1)if it is unable to comply with any of the requirements described in this Order, including Attachment 2 to this Order, or
(2)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. Licensee responses to C.1., C.2., and C.3. above shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR 2.390.” The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within twenty
(20)days of the date of this Order. In addition, the Licensee and any other person adversely affected by this Order may request a hearing of this Order within twenty
(20)days of the date of the Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made, in writing, to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. If the answer includes a request for a hearing, it shall, under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee relies and the reasons as to why the Order should not have been issued. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). A request for a hearing must be filed in accordance with the NRC E-Filing rule, which became effective on October 15, 2007. The E-Filing Final Rule was issued on August 28, 2007, (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the Internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five
(5)days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate also is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format
(PDF)in accordance with NRC 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 document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern 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 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 document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have 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: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking 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. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. 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 works. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to requesting a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 20th day of November 2007. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials,and Environmental Management Programs. Attachment 1: List of Applicable Materials Licensees Redacted Attachment 2: Requirements for Fingerprinting and Criminal History Records Checks of Individuals When Licensee's Reviewing Official is Determining Access to Safeguards Information Requirements for Fingerprinting and Criminal History Records Checks of Individuals When Licensee's Reviewing Official is Determining Access to Safeguards Information General Requirements Licensees shall comply with the requirements of this attachment. A. 1. Each Licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted access to Safeguards Information (SGI). The Licensee shall review and use the information received from the Federal Bureau of Investigation
(FBI)and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The Licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the “Right to Correct and Complete Information” section of this attachment. 3. Fingerprints need not be taken if an employed individual (e.g., a Licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.59, has a favorably-decided U.S. Government criminal history records check within the last five
(5)years, or has an active federal security clearance. Written confirmation from the Agency/employer which granted the federal security clearance or reviewed the criminal history records check must be provided. The Licensee must retain this documentation for a period of three
(3)years from the date the individual no longer requires access to SGI associated with the Licensee's activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements included in Attachment 3 to this Order, in making a determination whether to grant access to SGI to individuals who have a need-to-know the SGI. 6. The Licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for access to SGI. 7. The Licensee shall document the basis for its determination whether to grant access to SGI. B. The Licensee shall notify the NRC of any desired change in reviewing officials. The NRC will determine whether the individual nominated as the new reviewing official may have access to SGI based on a previously-obtained or new criminal history check and, therefore, will be permitted to serve as the Licensee's reviewing official. Prohibitions A Licensee shall not base a final determination to deny an individual access to SGI solely on the basis of information received from the FBI involving: An arrest more than one
(1)year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. A Licensee shall not use information received from a criminal history check obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the Licensee use the information in any way which would discriminate among individuals on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, Licensees shall, using an appropriate method listed in 10 CFR Part 73.4, submit to the NRC's Division of Facilities and Security, Mail Stop T6E46, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking access to Safeguards Information, to the Director of the Division of Facilities and Security, marked for the attention of the Division's Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling
(301)415-5877, or by e-mail to *forms@nrc.gov* . Practicable alternative formats are set forth in 10 CFR part 73.4. The Licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD-258 fingerprint record containing omissions or evident errors will be returned to the Licensee for corrections. The fee for processing fingerprint checks includes one re-submission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier's check, money order, or electronic payment, made payable to “U.S. NRC.” [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at
(301)415-7404]. Combined payment for multiple applications is acceptable. The application fee (currently $27) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a Licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of Licensee fingerprint submissions. The Commission will directly notify Licensees who are subject to this regulation of any fee changes. The Commission will forward to the submitting Licensee all data received from the FBI as a result of the Licensee's application(s) for criminal history records checks, including the FBI fingerprint record. Right To Correct and Complete Information Prior to any final adverse determination, the Licensee shall make available to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the Licensee for a period of one
(1)year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537-9700 (as set forth in 28 CFR Part 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten
(10)days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The Licensee may make a final SGI access determination based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on access to SGI, the Licensee shall provide the individual its documented basis for denial. Access to SGI shall not be granted to an individual during the review process. Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining access to Safeguards Information. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record check receives the individual's written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual's name, date of birth, Social Security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The Licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual's file has been transferred, for three
(3)years after termination of employment or determination of access to SGI (whether access was approved or denied). After the required three
(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E7-23364 Filed 11-30-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-07-251] In the Matter of All Licensees Identified in Attachment 1 and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately) I The Licensee, identified in Attachment 1 1 to this Order, holds a license issued in accordance with the Atomic Energy Act of 1954, as amended,
(AEA)by the U.S. Nuclear Regulatory Commission (NRC or Commission), authorizing it to possess and transfer items containing radioactive material quantities of concern. The NRC intends to issue security Orders to this licensee in the near future. The Order will require compliance with specific compensatory measures to enhance the security for large panoramic irradiators. The Commission has determined that these documents will contain Safeguards Information, will not be released to the public, and must be protected from unauthorized disclosure. Therefore, the Commission is imposing the requirements, as set forth in Attachments 2 and 3 to this Order and in Order EA-07-252, so that the Licensee can receive these documents. This Order also imposes requirements for the protection of Safeguards Information in the hands of any person, 2 whether or not a licensee of the Commission, who produces, receives, or acquires Safeguards Information. 1 Attachment 1 contains sensitive information and will not be released to the public. 2 Person means
(1)any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
(2)any legal successor, representative, agent, or agency of the foregoing. II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of Safeguards Information. Section 147 of the AEA grants the Commission explicit authority to “* * * issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information* * *.” This authority extends to information concerning the security measures for the physical protection of special nuclear material, source material, and byproduct material. Licensees and all persons who produce, receive, or acquire Safeguards Information must ensure proper handling and protection of Safeguards Information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of Safeguards Information contained in Attachments 2 and 3 to this Order. The Commission hereby provides notice that it intends to treat violations of the requirements contained in Attachments 2 and 3 to this Order applicable to the handling and unauthorized disclosure of Safeguards Information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to Safeguards Information is limited to those persons who have established the need to know the information, are considered to be trustworthy and reliable, and meet the requirements of Order EA-07-252. A need-to-know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient's access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. The Licensee and all other persons who obtain Safeguards Information must ensure that they develop, maintain and implement strict policies and procedures for the proper handling of Safeguards Information to prevent unauthorized disclosure, in accordance with the requirements in Attachments 2 and 3 to this Order. The Licensee must ensure that all contractors whose employees may have access to Safeguards Information either adhere to the licensee's policies and procedures on Safeguards Information or develop, or maintain and implement their own acceptable policies and procedures. The Licensee remains responsible for the conduct of their contractors. The policies and procedures necessary to ensure compliance with applicable requirements contained in Attachments 2 and 3 to this Order must address, at a minimum, the following: The general performance requirement that each person who produces, receives, or acquires Safeguards Information shall ensure that Safeguards Information is protected against unauthorized disclosure; protection of Safeguards Information at fixed sites, in use and in storage, and while in transit; correspondence containing Safeguards Information; access to Safeguards Information; preparation, marking, reproduction and destruction of documents; external transmission of documents; use of automatic data processing systems; removal of the Safeguards Information category; the need-to-know the information; and background checks to determine access to the information. In order to provide assurance that the Licensee is implementing prudent measures to achieve a consistent level of protection to prohibit the unauthorized disclosure of Safeguards Information, the Licensee shall implement the requirements identified in Attachments 2 and 3 to this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 147, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR part 30, 10 CFR part 32, 10 CFR part 35, and 10 CFR part 70, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER AND ALL OTHER PERSONS WHO PRODUCE, RECEIVE, OR ACQUIRE THE ADDITIONAL SECURITY MEASURES IDENTIFIED ABOVE (WHETHER DRAFT OR FINAL) OR ANY RELATED SAFEGUARDS INFORMATION SHALL COMPLY WITH THE REQUIREMENTS OF ATTACHMENTS 2 AND 3 TO THIS ORDER. The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within twenty
(20)days of the date of this Order. In addition, the Licensee and any other person adversely affected by this Order may request a hearing of this Order within twenty
(20)days of the date of the Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made, in writing, to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. If the answer includes a request for a hearing, it shall, under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee relies and the reasons as to why the Order should not have been issued. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). A request for a hearing must be filed in accordance with the NRC E-Filing rule, which became effective on October 15, 2007. The E-Filing Final Rule was issued on August 28, 2007, (72 Fed. Reg. 49,139). The E-Filing process requires participants to submit and serve documents over the internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five
(5)days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate also is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format
(PDF)in accordance with NRC 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 document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern 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 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 document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have 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: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking 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. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp,* unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. 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 works. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to requesting a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. *An answer or a request for hearing shall not stay the immediate effectiveness of this order.* Dated this 20th day of November 2007. For The Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1: List of Applicable Materials Licensees Redacted Attachment 2: Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI-M) Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI-M) General Requirement Information and material that the U.S. Nuclear Regulatory Commission
(NRC)determines are safeguards information must be protected from unauthorized disclosure. In order to distinguish information needing modified protection requirements from the safeguards information for reactors and fuel cycle facilities that require a higher level of protection, the term “Safeguards Information—Modified Handling” (SGI-M) is being used as the distinguishing marking for certain materials licensees. Each person who produces, receives, or acquires SGI-M shall ensure that it is protected against unauthorized disclosure. To meet this requirement, licensees and persons shall establish and maintain an information protection system that includes the measures specified below. Information protection procedures employed by state and local police forces are deemed to meet these requirements. Persons Subject to These Requirements Any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI-M is subject to the requirements (and sanctions) of this document. Firms and their employees that supply services or equipment to materials licensees would fall under this requirement if they possess facility SGI-M. A licensee must inform contractors and suppliers of the existence of these requirements and the need for proper protection. (See more under Conditions for Access) State or local police units who have access to SGI-M are also subject to these requirements. However, these organizations are deemed to have adequate information protection systems. The conditions for transfer of information to a third party, i.e., need-to-know, would still apply to the police organization as would sanctions for unlawful disclosure. Again, it would be prudent for licensees who have arrangements with local police to advise them of the existence of these requirements. Criminal and Civil Sanctions The Atomic Energy Act of 1954, as amended, explicitly provides that any person, “whether or not a licensee of the Commission, who violates any regulations adopted under this section shall be subject to the civil monetary penalties of section 234 of this Act.” Furthermore, willful violation of any regulation or order governing safeguards information is a felony subject to criminal penalties in the form of fines or imprisonment, or both. *See sections 147b. and 223 of the Act.* Conditions for Access Access to SGI-M beyond the initial recipients of the order will be governed by the background check requirements imposed by the order. Access to SGI-M by licensee employees, agents, or contractors must include both an appropriate need-to-know determination by the licensee, as well as a determination concerning the trustworthiness of individuals having access to the information. Employees of an organization affiliated with the licensee's company, e.g., a parent company, may be considered as employees of the licensee for access purposes. Need-to-Know Need-to-know is defined as a determination by a person having responsibility for protecting SGI-M that a proposed recipient's access to SGI-M is necessary in the performance of official, contractual, or licensee duties of employment. The recipient should be made aware that the information is SGI-M and those having access to it are subject to these requirements as well as criminal and civil sanctions for mishandling the information. Occupational Groups Dissemination of SGI-M is limited to individuals who have an established need-to-know and who are members of certain occupational groups. These occupational groups are: A. An employee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government; B. A member of a duly authorized committee of the Congress; C. The Governor of a State or his designated representative; D. A representative of the International Atomic Energy Agency
(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who has been certified by the NRC; E. A member of a state or local law enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies; or F. A person to whom disclosure is ordered pursuant to Section 2.744(e) of Part 2 of part 10 of the Code of Federal Regulations. G. State Radiation Control Program Directors (and State Homeland Security Directors) or their designees. In a generic sense, the individuals described above in
(A)through
(G)are considered to be trustworthy by virtue of their employment status. For non-governmental individuals in group
(A)above, a determination of reliability and trustworthiness is required. Discretion must be exercised in granting access to these individuals. If there is any indication that the recipient would be unwilling or unable to provide proper protection for the SGI-M, they are not authorized to receive SGI-M. Information Considered for Safeguards Information Designation Information deemed SGI-M is information the disclosure of which could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of materials or facilities subject to NRC jurisdiction. SGI-M identifies safeguards information which is subject to these requirements. These requirements are necessary in order to protect quantities of nuclear material significant to the health and safety of the public or common defense and security. The overall measure for consideration of SGI-M is the usefulness of the information (security or otherwise) to an adversary in planning or attempting a malevolent act. The specificity of the information increases the likelihood that it will be useful to an adversary. Protection While in Use While in use, SGI-M shall be under the control of an authorized individual. This requirement is satisfied if the SGI-M is attended by an authorized individual even though the information is in fact not constantly being used. SGI-M, therefore, within alarm stations, continuously manned guard posts or ready rooms need not be locked in file drawers or storage containers. Under certain conditions the general control exercised over security zones or areas would be considered to meet this requirement. The primary consideration is limiting access to those who have a need-to-know. Some examples would be: Alarm stations, guard posts and guard ready rooms; Engineering or drafting areas if visitors are escorted and information is not clearly visible; Plant maintenance areas if access is restricted and information is not clearly visible; Administrative offices (e.g., central records or purchasing) if visitors are escorted and information is not clearly visible. Protection While in Storage While unattended, SGI-M shall be stored in a locked file drawer or container. Knowledge of lock combinations or access to keys protecting SGI-M shall be limited to a minimum number of personnel for operating purposes who have a “need-to-know” and are otherwise authorized access to SGI-M in accordance with these requirements. Access to lock combinations or keys shall be strictly controlled so as to prevent disclosure to an unauthorized individual. Transportation of Documents and Other Matter Documents containing SGI-M when transmitted outside an authorized place of use or storage shall be enclosed in two sealed envelopes or wrappers. The inner envelope or wrapper shall contain the name and address of the intended recipient, and be marked both sides, top and bottom with the words “Safeguards Information—Modified Handling.” The outer envelope or wrapper must be addressed to the intended recipient, must contain the address of the sender, and must not bear any markings or indication that the document contains SGI-M. SGI-M may be transported by any commercial delivery company that provides nationwide overnight service with computer tracking features, U.S. first class, registered, express, or certified mail, or by any individual authorized access pursuant to these requirements. Within a facility, SGI-M may be transmitted using a single opaque envelope. It may also be transmitted within a facility without single or double wrapping, provided adequate measures are taken to protect the material against unauthorized disclosure. Individuals transporting SGI-M should retain the documents in their personal possession at all times or ensure that the information is appropriately wrapped and also secured to preclude compromise by an unauthorized individual. Preparation and Marking of Documents While the NRC is the sole authority for determining what specific information may be designated as “SGI-M,” originators of documents are responsible for determining whether those documents contain such information. Each document or other matter that contains SGI-M shall be marked “Safeguards Information—Modified Handling” in a conspicuous manner on the top and bottom of the first page to indicate the presence of protected information. The first page of the document must also contain
(i)the name, title, and organization of the individual authorized to make a SGI-M determination, and who has determined that the document contains SGI-M,
(ii)the date the document was originated or the determination made,
(iii)an indication that the document contains SGI-M, and
(iv)an indication that unauthorized disclosure would be subject to civil and criminal sanctions. Each additional page shall be marked in a conspicuous fashion at the top and bottom with letters denoting “Safeguards Information Modified Handling.” In addition to the “Safeguards Information—Modified Handling” markings at the top and bottom of each page, transmittal letters or memoranda which do not in themselves contain SGI-M shall be marked to indicate that attachments or enclosures contain SGI-M but that the transmittal does not (e.g., “When separated from SGI-M enclosure(s), this document is decontrolled”). In addition to the information required on the face of the document, each item of correspondence that contains SGI-M shall, by marking or other means, clearly indicate which portions (e.g., paragraphs, pages, or appendices) contain SGI-M and which do not. Portion marking is not required for physical security and safeguards contingency plans. All documents or other matter containing SGI-M in use or storage shall be marked in accordance with these requirements. A specific exception is provided for documents in the possession of contractors and agents of licensees that were produced more than one year prior to the effective date of the order. Such documents need not be marked unless they are removed from file drawers or containers. The same exception applies to old documents stored away from the facility in central files or corporation headquarters. Since information protection procedures employed by state and local police forces are deemed to meet NRC requirements, documents in the possession of these agencies need not be marked as set forth in this document. Removal From SGI-M Category Documents containing SGI-M shall be removed from the SGI-M category (decontrolled) only after the NRC determines that the information no longer meets the criteria of SGI-M. Licensees have the authority to make determinations that specific documents *which they created* no longer contain SGI-M information and may be decontrolled. Consideration must be exercised to ensure that any document decontrolled shall not disclose SGI-M in some other form or be combined with other unprotected information to disclose SGI-M. The authority to determine that a document may be decontrolled may be exercised only by, or with the permission of, the individual (or office) who made the original determination. The document shall indicate the name and organization of the individual removing the document from the SGI-M category and the date of the removal. Other persons who have the document in their possession should be notified of the decontrolling of the document. Reproduction of Matter Containing SGI-M SGI-M may be reproduced to the minimum extent necessary consistent with need without permission of the originator. Newer digital copiers which scan and retain images of documents represent a potential security concern. If the copier is retaining SGI-M information in memory, the copier cannot be connected to a network. It should also be placed in a location that is cleared and controlled for the authorized processing of SGI-M information. Different copiers have different capabilities, including some which come with features that allow the memory to be erased. Each copier would have to be examined from a physical security perspective. Use of Automatic Data Processing
(ADP)Systems SGI-M may be processed or produced on an ADP system provided that the system is assigned to the licensee's or contractor's facility and requires the use of an entry code/password for access to stored information. Licensees are encouraged to process this information in a computing environment that has adequate computer security controls in place to prevent unauthorized access to the information. An ADP system is defined here as a data processing system having the capability of long term storage of SGI-M. Word processors such as typewriters are not subject to the requirements as long as they do not transmit information offsite. (Note: if SGI-M is produced on a typewriter, the ribbon must be removed and stored in the same manner as other SGI-M information or media.) The basic objective of these restrictions is to prevent access and retrieval of stored SGI-M by unauthorized individuals, particularly from remote terminals. Specific files containing SGI-M will be password protected to preclude access by an unauthorized individual. The National Institute of Standards and Technology
(NIST)maintains a listing of all validated encryption systems at *http://csrc.nist.gov/cryptval/1401/1401val.htm* . SGI-M files may be transmitted over a network if the file is encrypted. In such cases, the licensee will select a commercially available encryption system that NIST has validated as conforming to Federal Information Processing Standards (FIPS). SGI-M files shall be properly labeled as “Safeguards Information—Modified Handling” and saved to removable media and stored in a locked file drawer or cabinet. Telecommunications SGI-M may not be transmitted by unprotected telecommunications circuits except under emergency or extraordinary conditions. For the purpose of this requirement, emergency or extraordinary conditions are defined as any circumstances that require immediate communications in order to report, summon assistance for, or respond to a security event (or an event that has potential security significance). This restriction applies to telephone, telegraph, teletype, facsimile circuits, and to radio. Routine telephone or radio transmission between site security personnel, or between the site and local police, should be limited to message formats or codes that do not disclose facility security features or response procedures. Similarly, call-ins during transport should not disclose information useful to a potential adversary. Infrequent or non-repetitive telephone conversations regarding a physical security plan or program are permitted provided that the discussion is general in nature. Individuals should use care when discussing SGI-M at meetings or in the presence of others to insure that the conversation is not overheard by persons not authorized access. Transcripts, tapes or minutes of meetings or hearings that contain SGI-M shall be marked and protected in accordance with these requirements. Destruction Documents containing SGI-M should be destroyed when no longer needed. They may be destroyed by tearing into small pieces, burning, shredding or any other method that precludes reconstruction by means available to the public at large. Piece sizes one half inch or smaller composed of several pages or documents and thoroughly mixed would be considered completely destroyed. Attachment 3: Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information In order to ensure the safe handling, use, and control of information designated as Safeguards Information, each licensee shall control and limit access to the information to only those individuals who have established the need-to-know the information, and are considered to be trustworthy and reliable. Licensees shall document the basis for concluding that there is reasonable assurance that individuals granted access to Safeguards Information are trustworthy and reliable, and do not constitute an unreasonable risk for malevolent use of the information. The Licensee shall comply with the requirements of this attachment: 1. The trustworthiness and reliability of an individual shall be determined based on a background investigation:
(a)The background investigation shall address at least the past three
(3)years, and, at a minimum, include verification of employment, education, and personal references. The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the employee (i.e., seeking references not supplied by the individual).
(b)If an individual's employment has been less than the required three
(3)year period, educational references may be used in lieu of employment history. The licensee's background investigation requirements may be satisfied for an individual that has an active Federal security clearance. 2. The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for three years after the individual's employment ends. [FR Doc. E7-23366 Filed 11-30-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF MANAGEMENT AND BUDGET 2007 List of Designated Federal Entities and Federal Entities AGENCY: Office of Management and Budget. ACTION: Notice. SUMMARY: As required by the Inspector General Act of 1978, as amended (IG Act), this notice provides a list of Designated Federal Entities and Federal Entities. FOR FURTHER INFORMATION CONTACT: Audrey Duchesne, Office of Federal Financial Management, Office of Management and Budget, telephone
(202)395-3993. SUPPLEMENTARY INFORMATION: This notice provides the 2007 List of Designated Federal Entities and Federal Entities which, under the IG Act, the Office of Management and Budget
(OMB)is required to publish annually. The previous list was published in the **Federal Register** on July 13, 2006 (71 FR 39691). This list is also posted on the OMB Web site at *http://www.whitehouse.gov/omb.* The Designated Federal Entities have been updated to reflect the:
(1)Addition of Amtrak's statutory name, National Railroad Passenger Corporation;
(2)addition of the Postal Regulatory Commission and its entity head as the Chairman to reflect the 2006 amendment to section 8G(a)(2) of the Inspector General
(IG)Act (5 U.S.C. App. 3) by section 603(b) of the Postal Accountability and Enhancement Act (Pub. L. 109-435 (Dec. 20, 2006); 39 U.S.C. 504; and
(3)change in the title of the Denali Commission's entity head from Chairperson to Federal Cochairperson for consistency with its enabling statute (42 U.S.C. 3121 note). The Federal Entities have been updated to reflect the:
(1)Change of the Armed Forces Retirement Home entity head from Board of Directors to Chief Operating Officer consistent with the 2001 amendment of the Armed Forces Retirement Home Act of 1991 ((Pub. L. 101-510 Div. A, Tit. XV (Nov. 5, 1990); 24 U.S.C. 401 *et seq.* ) by Sect. 1403 of Pub. L. 107-107 (Dec. 28, 2001), which established the Chief Operating Officer as the head, subject to the authority, direction and control of the Secretary of Defense; and
(2)deletion of the National Veterans Business Development Corporation established under 15 U.S.C. 657c(a) (and its entity head as the Chairperson) because the Corporation is a private entity that did not receive any appropriations in fiscal year 2007 and will likely not receive any in fiscal year 2008. The list is divided into two groups: Designated Federal Entities and Federal Entities. Designated Federal Entities are listed in the IG Act, except for those agencies that have ceased to exist or that have been deleted from the list. The Designated Federal Entities are required to establish and maintain Offices of Inspector General to:
(1)Conduct and supervise audits and investigations relating to programs and operations;
(2)promote economy, efficiency, and effectiveness of, and to prevent and detect fraud and abuse in such programs and operations; and
(3)provide a means of keeping the entity head and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for, and progress of, corrective actions. Section 8G(a)(1) of the IG Act defines a “Federal entity” as: Any Government corporation (within the meaning of section 103(1) of title 5, United States Code), any Government-controlled corporation (within the meaning of section 103(2) of such title), or any other entity in the Executive Branch of the Government, or any independent regulatory agency, but does not include:
(1)An establishment (as defined in section 11(2) of this Act or part of an establishment;
(2)A designated Federal entity [as defined in section 8G(a)(2) of the Act] or part of a designated Federal entity;
(3)The Executive Office of the President;
(4)The Central Intelligence Agency;
(5)The Government Accountability Office; or
(6)Any entity in the judicial or legislative branches of the Government, including the Administrative Office of the United States Courts and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol. Pursuant to section 8(G)(h)(2) of the IG Act, Federal Entities are required to report annually to each House of the Congress and OMB on audit and investigative activities in their organizations. Danny Werfel, Acting Controller. Herein follows the text of the 2007 List of Designated Federal Entities and Federal Entities: 2007 List of Designated Federal Entities and Federal Entities Section 8G(h)(1) of the IG Act, as amended, requires OMB to publish a list of “Designated Federal Entities” and “Federal Entities” and the heads of such entities. Designated Federal Entities are required to establish Offices of Inspector General and to report semiannually to each House of the Congress and the Office of the Management and Budget summarizing the activities of the Office during the immediately preceding six-month periods ending March 31 and September 30. Federal Entities are required to report annually on October 31 to each House of the Congress and the Office of Management and Budget on audit and investigative activities in their organizations. Revised 2007 List of Designated Federal Entities and Federal Entities Designated Federal Entities and Entity Heads 1. Amtrak (National Railroad Passenger Corporation)—Chairperson. 2. Appalachian Regional Commission—Federal Co-Chairperson. 3. The Board of Governors, Federal Reserve System—Chairperson. 4. Broadcasting Board of Governors—Chairperson. 5. Commodity Futures Trading Commission—Chairperson. 6. Consumer Product Safety Commission—Chairperson. 7. Corporation for Public Broadcasting—Board of Directors. 8. Denali Commission—Federal Cochairperson. 9. Election Assistance Commission—Chairperson. 10. Equal Employment Opportunity Commission—Chairperson. 11. Farm Credit Administration—Chairperson. 12. Federal Communications Commission—Chairperson. 13. Federal Election Commission—Chairperson. 14. Federal Housing Finance Board—Chairperson. 15. Federal Labor Relations Authority—Chairperson. 16. Federal Maritime Commission—Chairperson. 17. Federal Trade Commission—Chairperson. 18. Legal Services Corporation—Board of Directors. 19. National Archives and Records Administration—Archivist of the United States. 20. National Credit Union Administration—Chairperson. 21. National Endowment for the Arts—Chairperson. 22. National Endowment for the Humanities—Chairperson. 23. National Labor Relations Board—Chairperson. 24. National Science Foundation—National Science Board. 25. Peace Corps—Director. 26. Pension Benefit Guaranty Corporation—Chairperson. 27. Postal Regulatory Commission—Chairperson. 28. Securities and Exchange Commission—Chairperson. 29. Smithsonian Institution—Board of Regents. 30. United States International Trade Commission—Chairperson. 31. United States Postal Service—Governors of the Postal Service. Federal Entities and Entity Heads 1. Advisory Council on Historic Preservation—Chairperson. 2. African Development Foundation—Chairperson. 3. American Battle Monuments Commission—Chairperson. 4. Architectural and Transportation Barriers Compliance Board—Chairperson. 5. Armed Forces Retirement Home—Chief Operating Officer. 6. Barry Goldwater Scholarship and Excellence in Education Foundation—Chairperson. 7. Chemical Safety and Hazard Investigation Board—Chairperson. 8. Christopher Columbus Fellowship Foundation—Chairperson. 9. Commission for the Preservation of America's Heritage Abroad—Chairperson. 10. Commission of Fine Arts—Chairperson. 11. Commission on Civil Rights—Chairperson. 12. Committee for Purchase from People Who Are Blind or Severely Disabled—Chairperson. 13. Court of Appeals for Veterans Claims—Chief Judge. 14. Court Services and Offender Supervision Agency for DC—Director. 15. Defense Nuclear Facilities Safety Board—Chairperson. 16. Delta Regional Authority—Federal Co-Chairperson. 17. Farm Credit System Insurance Corporation—Chairperson. 18. Federal Financial Institutions Examination Council—Chairperson. 19. Federal Mediation and Conciliation Service—Director. 20. Federal Mine Safety and Health Review Commission—Chairperson. 21. Federal Retirement Thrift Investment Board—Executive Director. 22. Harry S. Truman Scholarship Foundation—Chairperson. 23. Institute of American Indian and Alaska Native Culture and Arts Development—Chairperson. 24. Institute of Museum and Library Services—Director. 25. Inter-American Foundation—Chairperson. 26. James Madison Memorial Fellowship Foundation—Chairperson. 27. Japan-U.S. Friendship Commission—Chairperson. 28. Marine Mammal Commission—Chairperson. 29. Merit Systems Protection Board—Chairperson. 30. Millennium Challenge Corporation—Chief Executive Officer. 31. Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation—Chairperson. 32. National Capital Planning Commission—Chairperson. 33. National Commission on Libraries and Information Science—Chairperson. 34. National Council on Disability—Chairperson. 35. National Mediation Board—Chairperson. 36. National Transportation Safety Board—Chairperson. 37. Neighborhood Reinvestment Corporation—Chairperson. 38. Nuclear Waste Technical Review Board—Chairperson. 39. Occupational Safety and Health Review Commission—Chairperson. 40. Office of Government Ethics—Director. 41. Office of Navajo and Hopi Indian Relocation—Chairperson. 42. Office of Special Counsel—Special Counsel. 43. Overseas Private Investment Corporation—Board of Directors. 44. Presidio Trust—Chairperson. 45. Selective Service System—Director. 46. Smithsonian Institution/John F. Kennedy Center for the Performing Arts—Chairperson. 47. Smithsonian Institution/National Gallery of Art—President. 48. Smithsonian Institution/Woodrow Wilson International Center for Scholars—Director. 49. Trade and Development Agency—Director. 50. U.S. Holocaust Memorial Museum—Chairperson. 51. U.S. Interagency Council on Homelessness—Chairperson. 52. U.S. Institute of Peace—Chairperson. 53. Vietnam Education Foundation—Chairperson. 54. White House Commission on the National Moment of Remembrance—Chairperson. [FR Doc. E7-23406 Filed 11-30-07; 8:45 am] BILLING CODE 3110-01-P POSTAL REGULATORY COMMISSION Facility Tours AGENCY: Postal Regulatory Commission. ACTION: Notice of Commission tours. SUMMARY: On Tuesday, December 4, and Wednesday, December 5, 2007, Postal Regulatory Commissioners and advisory staff members will tour the United Parcel Service facility in Louisville, Kentucky and meet with company officials. The purpose of the tour is to observe company operations. DATES: December 4-5, 2007. FOR FURTHER INFORMATION CONTACT: Ann C. Fisher, Chief of Staff, Postal Regulatory Commission, at 202-789-6803 or *ann.fisher@prc.gov.* Steven W. Williams, Secretary. [FR Doc. 07-5893 Filed 11-30-07; 8:45 am]
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