Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 10923 

possess Byproduct, Source, and Special 

Nuclear Material at the Cimarron Site 

pursuant to the terms and conditions of 

License SNM–928. It is further ordered 

that: 

(1) The Trustee shall comply with all 

conditions set forth in the Settlement 

Agreement and any amendments 

thereto, and the Cimarron Trust 

Agreement and any amendments 

thereto. 

(2) Within 60 days of the date of this 

Order, and every 180 days thereafter, 

the Trustee shall submit a report to the 

Deputy Director, Division of Waste 

Management and Environmental 

Protection, Mailstop T8–F5, U.S. 

Nuclear Regulatory Commission, 11545 

Rockville Pike, Rockville, Maryland 

20852, detailing all actions and 

associated actual expenditures for the 

previous period and a projection of 

actions and expenses for the subsequent 

period. 

(3) Upon completion of the 

groundwater remediation and in 

conformance with the requirements in 

10 CFR part 70 and the conditions set 

forth in License SNM–928, the Cimarron 

Trustee shall, within 30 days, conduct 

a radiation survey of the site, and within 

90 days of completion of the radiation 

survey, submit a final status survey 

report to the Deputy Director, Mailstop 

T8–F5, U.S. Nuclear Regulatory 

Commission, 11545 Rockville Pike, 

Rockville, Maryland 20852 for NRC 

review, to demonstrate that the site 

meets the criteria for unrestricted 

release. 

(4) The Trustee’s responsibilities, 

liabilities and authority under License 

SNM–928 shall terminate only upon 

Order of the NRC. 

(5) No more than 5 percent of the 

remaining funds in the Cimarron 

Federal Environmental Cost Account 

shall be spent in any 6-month period 

without NRC approval. 

(6) Pursuant to Paragraph 56(c)(ii) of 

the Settlement Agreement, the assets of 

the Cimarron Standby Trust Fund shall 

not be accessed until further Order 

issued by the NRC. 

(7) The requirements in this Order 

may only be modified in writing by the 

Director, Office of Federal and State 

Materials and Environmental 

Management Programs. 

VI 

Any person adversely affected by this 

Order, other than Cimarron or the 

Trustee, may request a hearing within 

20 days of its issuance. Any request for 

a hearing shall be submitted to Charles 

L. Miller, Director, Office of Federal and 

State Materials and Environmental 

Management Programs, Mailstop T8– 

A23, U.S. Nuclear Regulatory 

Commission, 11545 Rockville Pike, 

Rockville, MD 20852, and to the 

Trustee, Environmental Properties 

Management, LLC, Attn: Mr. Bill 

Halliburton, Administrator, Cimarron 

Environmental Response Trust, c/o 

Environmental Properties Management, 

LLC, 9400 Ward Parkway, Kansas City, 

Missouri 64114. If a hearing is 

requested, the requester shall set forth 

with particularity the manner in which 

his or her interest is adversely affected 

by this Order and shall address the 

criteria set forth in 10 CFR 2.309. 

If a hearing is requested by a person 

whose interest is adversely affected by 

this Order, the Commission will 

consider the hearing request pursuant to 

10 CFR part 2, subpart M, and will issue 

an Order designating the time and place 

of any hearing. If a hearing is held, the 

procedures of Subpart M will be applied 

as provided by the Order designating 

the time and place of the hearing. The 

issue to be considered at such hearing 

shall be whether this Order transferring 

the license should be sustained. Any 

request for a hearing shall not stay the 

effectiveness of this Order. 

For the Nuclear Regulatory Commission. 

Dated at Rockville, Maryland, this 14th day 

of February, 2011. 

Charles L. Miller, 

Director, Office of Federal and State 

Materials and Environmental Management 

Programs. 

[FR Doc. 2011–4348 Filed 2–25–11; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Extension of 

an Expiring Information Collection 

3206–0165; General Request for 

Investigative Information (INV 40) on 

Employment Data and Supervisor 

Information (INV 41), Personal 

Information (INV 42), Educational 

Registrar and Dean of Students Record 

Data (INV 43), and Law Enforcement 

Data (INV 44) 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: 30-Day notice and request for 

comments. 

SUMMARY: The Federal Investigative 

Services (FIS), U.S. Office of Personnel 

Management (OPM) offers the general 

public and other Federal agencies the 

opportunity to comment on the 

extension of an expiring information 

collection request (ICR), Office of 

Management and Budget (OMB) Control 

No. 3206–0165, for the General Request 

for Investigative Information (INV 40), 

the Investigative Request for 

Employment Data and Supervisor 

Information (INV 41), the Investigative 

Request for Personal Information (INV 

42), the Investigative Request for 

Educational Registrar and Dean of 

Students Record Data (INV 43), and the 

Investigative Request for Law 

Enforcement Data (INV 44). As required 

by the Paperwork Reduction Act of 

1995, (Pub. L. 104–13, 44 U.S.C. chapter 

35) as amended by the Clinger-Cohen 

Act (Pub. L. 104–106), OPM is soliciting 

comments for this collection. The Office 

of Management and Budget (OMB) is 

particularly interested in comments 

that: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

DATES: Comments are encouraged and 

will be accepted until March 30, 2011. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention: Desk 

Officer for the Office of Personnel 

Management or sent via electronic mail 

to oira_submission@opm.eop.gov or 

faxed to (202) 395–6974; and Federal 

Investigative Services, U.S. Office of 

Personnel Management, 1900 E Street, 

NW., Washington, DC 20415, Attention: 

Lisa Loss or sent via electronic mail to 

FISFormsComments@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the Federal 

Investigative Services, U.S. Office of 

Personnel Management, 1900 E. Street, 

NW., Washington, DC 20415, Attention: 


srobinson on DSKHWCL6B1PROD with NOTICES
10924 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 

Lisa Loss or sent via electronic mail to 

FISFormsComments@opm.gov. 

SUPPLEMENTARY INFORMATION: Section 

3(a) of Executive Order (E.O.) 10450, as 

amended, states that with specified 

exceptions, ‘‘the appointment of each 

civilian officer or employee in any 

department or agency of the 

Government shall be made subject to 

investigation,’’ and that ‘‘in no event 

shall the investigation consist of less 

than a national agency check * * * and 

written inquiries to appropriate local 

law enforcement agencies, former 

employers and supervisors, references, 

and schools attended by the persons 

under investigation.’’ This minimum 

investigation for appointment in the 

civil service is called the National 

Agency Check with Inquiries (NACI). 

The INV 40, 41, 42, 43, and 44 are 

used to conduct the ‘‘written inquiries’’ 

portion of the NACI. They are also used 

in any investigation requiring the same 

written inquiries, including suitability 

investigations under E.O. 10577, as 

amended and 5 CFR part 731, for 

employment in positions defined in 5 

CFR 731.101(b); investigations for 

employment in a sensitive national 

security position under E.O. 10450, as 

amended and 5 CFR part 732; certain 

investigations for eligibility for access to 

classified information pursuant to 

standards promulgated under E.O. 

12968, as amended; certain 

investigations for fitness for 

employment in the excepted service or 

as a contract employee, pursuant to 

investigative requirements prescribed by 

employing and contracting agencies; 

and investigations for identity 

credentials for long-term physical and 

logical access to Federally-controlled 

facilities and information systems, 

pursuant to standards promulgated 

under the Federal Information Security 

Management Act. The INV forms 40 and 

44, in particular, facilitate OPM’s access 

to criminal history record information 

under 5 U.S.C. 9101. 

The content of the INV forms is also 

designed to meet notice requirements 

for personnel investigations specified by 

5 CFR 736.102(c). These notice 

requirements apply to any ‘‘investigation 

* * * to determine the suitability, 

eligibility, or qualifications of 

individuals for Federal employment, for 

work on Federal contracts, or for access 

to classified information or restricted 

areas.’’ 

None of the forms is used for any 

purpose other than a personnel 

background investigation, as described 

above. The completed forms are 

maintained by OPM subject to the 

protections of the Privacy Act of 1974, 

as amended. 

Procedurally, the subject of a 

personnel background investigation 

discloses the identity of relevant 

sources, such as supervisors, coworkers, 

neighbors, friends, current or former 

spouses, instructors, relatives, or 

schools attended, on the standard form 

(SF) 85, Questionnaire for Non-Sensitive 

Positions; the SF 85P, Questionnaire for 

Public Trust Positions; or the SF 86, 

Questionnaire for National Security 

Positions. After OPM receives a 

completed SF 85, SF 85P, or SF 86, the 

INV forms are distributed to the 

provided source contacts through an 

automated mailing operation. 

The INV 40 is used to collect records 

from a Federal or State record repository 

or a credit bureau. The INV 44 is used 

to collect law enforcement data from a 

criminal justice agency. The INV 41, 42, 

and 43 are sent to employment 

references, associates, and schools 

attended. The forms disclose that the 

source’s name was provided by the 

subject to assist in completing a 

background investigation to help 

determine the subject’s suitability for 

employment or security clearance, and 

request that the source complete the 

form with information to help in this 

determination. Generally the subject of 

the investigation will identify these 

employment references, associates, and 

schools on his or her SF 85, SF 85P, or 

SF 86 questionnaire. If information is 

omitted on the questionnaire, however, 

the information may be provided in a 

follow-up contact between the subject 

and an investigator. By their terms, the 

INV 41, 42, and 43 forms are not to be 

sent to employment references, 

associates, and schools that have not 

been identified by the subject of the 

investigation. 

Approximately 279,000 INV 40 

inquiries are sent to Federal and nonFederal agencies annually. The INV 40 

takes approximately five minutes to 

complete. The estimated annual burden 

is 23,250 hours. Approximately 

2,243,000 INV 41 inquiries are sent to 

previous and present employers and 

supervisors. The INV 41 takes 

approximately five minutes to complete. 

The estimated annual burden is 186,900 

hours. Approximately 1,882,000 INV 42 

inquiries are sent to individuals 

annually. The INV 42 takes 

approximately five minutes to complete. 

The estimated annual burden is 156,800 

hours. Approximately 464,000 INV 43 

inquiries are sent to educational 

institutions annually. The INV 43 takes 

approximately five minutes to complete. 

The estimated annual burden is 38,700 

hours. Approximately 1,546,000 INV 44 

inquiries are sent to law enforcement 

agencies annually. The INV 44 takes 

approximately five minutes to complete. 

The estimated annual burden is 128,800 

hours. The total number of respondents 

for the INV 40, INV 41, INV 42, INV 43, 

and INV 44 is 6,135,200 and the total 

estimated burden is 511,200 hours. 

A notice of the proposed information 

collection was published in the Federal 

Register on February 2, 2010 (Federal 

Register Notices/Volume 75, Number 

21, pages 5358–5359), as required by 5 

CFR part 1320, affording the public an 

opportunity to comment on the form(s). 

Two (2) comments were received and 

are addressed as follows. The National 

Treasury Employees Union provided 

four areas of comment: 

a. NTEU commented that INV 41, 42, 

and 43 solicit ‘‘adverse information’’ 

about the subject of the investigation 

that is not ‘‘relevant and necessary’’ to 

OPM’s purposes. OPM believes that the 

forms are a reasonable means to collect 

information relevant to the 

investigations for which the forms are 

used. Open-ended questions are the 

most effective means to gather source 

information in an investigation, since 

leading questions will tend to distort 

responses. On January 19, 2011, the 

Supreme Court ruled in National 

Aeronautics and Space Administration 

v. Nelson, 131 S. Ct. 746, that the INV 

42 form’s ‘‘open-ended inquiries * * * 

are reasonably aimed at identifying 

capable employees who will faithfully 

conduct the Government’s business’’ 

and that these inquiries ‘‘further the 

Government’s interests in managing its 

internal operations.’’ 131 S. Ct. at 759, 

761. The forms include instructions 

designed to prevent irrelevant 

responses. Moreover, since OPM is 

required by executive order to make 

these inquiries in connection with 

personnel investigations, retention of 

the forms in OPM’s system of 

investigative records is consistent with 

Privacy Act requirements. 

b. NTEU commented that the INV 41, 

42, and 43 require disclosure of highly 

personal information that is not 

narrowly tailored to meet the 

government’s needs. OPM rejects the 

commenter’s assertion. The Supreme 

Court ruled in Nelson that the 

Government, ‘‘when it requests jobrelated personal information in an 

employment background check,’’ does 

not have ‘‘a constitutional burden to 

demonstrate that its questions are 

‘necessary’ or the least restrictive means 

of furthering its interests.’’ 131 S. Ct. at 

760. OPM concludes that the 

information collection is appropriate for 

the investigations in which it may be 

used, namely investigations of 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 10925 

suitability for Federal employment; 

investigations for employment in a 

sensitive national security position; 

investigations for eligibility for access to 

classified information; investigations for 

fitness for employment in the excepted 

service or as a contract employee; and 

investigations for identity credentials 

for long-term physical and logical access 

to Federally controlled facilities and 

information systems. Further, there are 

adequate protections against the 

unauthorized redisclosure of reports of 

investigation in the Privacy Act. See 

Nelson, 131 S. Ct. at 762–64. Additional 

protections are found in section 9(c) of 

E.O. 10450, as amended, and in agency 

restrictions on the release of personally 

identifiable information. 

c. NTEU commented that the forms 

request information beyond that to 

which the employee has consented in 

the Authorization for Release of 

Information as there is no indication 

that information regarding general 

behavior and conduct will be solicited 

from individuals who might offer 

information regarding personal habits. 

The commenter is incorrect. The 

authorization is part of a questionnaire 

that specifically informs the subject that 

the investigative process is designed to 

develop information to show ‘‘whether 

you are reliable and trustworthy, and of 

good conduct and character.’’ 

d. NTEU commented that the forms 

do not adequately explain the purpose 

for which the information is sought and 

its routine nature, and therefore allow 

the reference to infer that the subject is 

under suspicion of wrongdoing. OPM 

has received no evidence to support this 

suggestion during its longstanding use 

of these forms. The form instructions 

make clear that the form is part of a 

background vetting process, not part of 

a criminal or disciplinary proceeding. 

An OPM investigator commented that 

the INV 44 should instruct responding 

law enforcement agencies to withhold 

traffic violations if the fine was less than 

$300 and did not involve alcohol or 

drugs, since subjects of national security 

investigations are not required to 

disclose such violations on their SF 86, 

Questionnaire for National Security 

Positions. OPM does not accept this 

recommendation at this time because (1) 

the INV 44 is used for investigations 

based on other investigative 

questionnaires (SF 85, SF 85P) which do 

not include exceptions for traffic 

violations that resulted in fines less than 

$300; and (2) subjecting responding law 

enforcement agencies to the burden of 

parsing such violations from their 

records when responding to OPM 

requests may deter responses or result 

in response errors. 

OPM is proposing to modify INV 

forms 40, 41, and 42 to provide 

instruction to respondents to mark, by 

making a check, when the respondent 

requests confidentiality of his or her 

identity, and to call an office at OPM to 

receive approval of the request before 

completing the form. The purpose of 

this change is to more clearly establish 

the granting of confidentiality as 

permitted by the Privacy Act of 1974 

and OPM’s implementing regulations. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. 2011–4353 Filed 2–25–11; 8:45 am] 

BILLING CODE 6325–53–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, March 3, 2011 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Casey, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in a closed session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, March 

3, 2011 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; and 

Other matters relating to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: February 24, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–4500 Filed 2–24–11; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Bio-Life Labs, Inc., BSI2000, Inc., 

Calais Resources, Inc., EGX Funds 

Transfer, Inc., Great Western Land 

Recreation, Inc. (a/k/a Great Western 

Land and Recreation, Inc.), and IdCONFIRM, Inc., Order of Suspension of 

Trading 

February 24, 2011. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Bio-Life 

Labs, Inc. because it has not filed any 

periodic reports since the period ended 

March 31, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of BSI2000, 

Inc. because it has not filed any periodic 

reports since the period ended 

December 31, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Calais 

Resources, Inc. because it has not filed 

any periodic reports since the period 

ended August 31, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of EGX Funds 

Transfer, Inc. because it has not filed 

any periodic reports since the period 

ended December 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Great 

Western Land Recreation, Inc. (a/k/a 

Great Western Land and Recreation, 

Inc.) because it has not filed any 

periodic reports since the period ended 

June 30, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of IdCONFIRM, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2007. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 


srobinson on DSKHWCL6B1PROD with NOTICES