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# SECY-08-0196 - Advance Notice of Proposed Rulemaking - Requirements for Fingerprinting for Criminal History Record Checks of Individuals Granted Unescorted Access to Research and Test Reactors (NRC-2008-0619) (RIN-AI25)

Accession Number: ML083150581

Date Released: Friday, January 9, 2009

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    - ML083150583 - SECY-08-0196 - Advance Notice of Proposed Rulemaking - Requirements for Fingerprinting for Criminal History Record Checks of Individuals Granted Unescorted Access to Research and Test Reactors (NRC-2008-0619) (RIN-AI25) (6 page(s), 12/19/2008)
    - ML083150625 - SECY-08-0196 - Enclosure:  Federal Register Notice - Requirements for Criminal Records Checks of Individuals Granted Unescorted Access to Research or Test Reactors (16 page(s), 12/19/2008)

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#### Mellie Smith, Appellant, v. Alfreda Smith, Appellee.

(Not to Ibe reported in full.)

Appeal from the Circuit Court of Clinton county; the Hon. Thomas M. Jett, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 1, 1914.

Statement of the Case.

Bill filed by Mellie Smith against Alfreda Smith to review a decree setting aside a previous decree of divorce between William B. Smith and the defendant. From a decree dismissing the bill for want of equity, the complainant appeals.

*541H. G. Weber, for appellant.

John J. McGaffigan, for appellee.

Abstract of the Decision.

Divorce, § *61*
      ***
      *—when bill of review to annul decree properly dismissed.*Where a man obtained a divorce from his wife and married again, and the first wife thereafter had the divorce decree set aside, and the husband died, *held,*on bill for review filed by the second wife against the first wife to have the decree setting aside the former decree of divorce between the husband and the first wife annulled, that a decree dismissing the bill for want of equity was proper for the reason that complainant was not a party entitled to a review of the decree there being no averment of fraud in obtaining the decree and no averments showing an excuse for laches.

See Illinois Notes Digest, Vola. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Justice Harris

delivered the opinion of the court.
### §130303. Membership

(a) Eligibility.—An individual is eligible for active membership in the corporation if the individual—

(1) is of good moral character; and

(2) has received a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, or an Air Force Cross awarded for acts of extraordinary heroism in connection with military or naval operations against an armed enemy, or for heroism of a specially distinguished character, as a member of the Armed Forces of the United States or any foreign country.

(b) Extension of Eligibility to Parents and Descendants.—The corporation may extend eligibility for membership, either active or associate, to parents and lineal descendants of an individual described in subsection (a) of this section on terms provided in its constitution and bylaws.

(c) Voting.—Each member (except an associate member) has one vote on each matter submitted to a vote at a meeting of the members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 130303 | 36:636. | Aug. 4, 1955, ch. 546, §6, 69 Stat. 488; June 21, 1961, Pub. L. 87–56, §2, 75 Stat. 95. |

Section

In subsection (a)(2), the words "has received" are substituted for "who have received or who may hereafter receive" to eliminate unnecessary words. The words "Navy Cross" are restated before "Air Force Cross" in accordance with the order preferred by the Legion of Valor of the United States of America, Incorporated. The words "as a member" are substituted for "are, have been, or may become members . . . of whatever rank" for clarity and to eliminate unnecessary words.

In subsection (b), the words "on terms" are substituted for "under such conditions and upon such terms" to eliminate unnecessary words.

In subsection (c), the words "the right to" are omitted as unnecessary.

The text of 36:636(d) is omitted as obsolete.
<TABLE> <S> <C>



<ARTICLE>                     5
<LEGEND>

     This  schedule  contains  summary  financial   information  extracted  from
financial  statements  for the six month  period  ended  January 31, 1998 and is
qualified in its entirety by reference to such financial statements.

</LEGEND>

       
<S>                                           <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                                       APR-30-1997
<PERIOD-END>                                            JAN-31-1998
<CASH>                                                      303,939
<SECURITIES>                                              1,899,609
<RECEIVABLES>                                             1,132,918
<ALLOWANCES>                                                      0
<INVENTORY>                                                 936,858
<CURRENT-ASSETS>                                          4,429,143
<PP&E>                                                      180,783
<DEPRECIATION>                                              (43,374)
<TOTAL-ASSETS>                                            4,605,629
<CURRENT-LIABILITIES>                                       142,449
<BONDS>                                                           0
<PREFERRED-MANDATORY>                                             0
<PREFERRED>                                                       2
<COMMON>                                                    139,218
<OTHER-SE>                                                4,605,243
<TOTAL-LIABILITY-AND-EQUITY>                              4,323,962
<SALES>                                                   1,773,948
<TOTAL-REVENUES>                                          1,773,948
<CGS>                                                       675,361
<TOTAL-COSTS>                                             1,098,587
<OTHER-EXPENSES>                                                  0
<LOSS-PROVISION>                                                  0
<INTEREST-EXPENSE>                                                0
<INCOME-PRETAX>                                            (747,721)
<INCOME-TAX>                                                      0
<INCOME-CONTINUING>                                        (747,721)
<DISCONTINUED>                                                    0
<EXTRAORDINARY>                                                   0
<CHANGES>                                                         0
<NET-INCOME>                                               (627,930)
<EPS-PRIMARY>                                                 (0.05)
<EPS-DILUTED>                                                 (0.05)


        

</TABLE>
NRC MEETING AUG. 21 IN OSWEGO, N.Y., TO DISCUSS 

REVIEW PROCESS FOR EXPECTED NEW REACTOR APPLICATION 

 Nuclear Regulatory Commission staff will conduct a public meeting in Oswego, N.Y., on 

Thursday, Aug. 21, to discuss how the agency will review an expected Combined License (COL) 

application for a new reactor at the Nine Mile Point site, about 6 miles northeast of Oswego. The 

prospective applicant, Unistar, has told the NRC it intends to apply later this year for a license to 

build and operate an Evolutionary Power Reactor (EPR) at the site. 

 “The NRC wants communities located near potential new reactor sites, such as Oswego, 

to know what’s being proposed,” said David Matthews, Director of the Division of New Reactor 

Licensing in the NRC’s Office of New Reactors. “We want area residents to understand the 

process and how they can participate, because they can provide valuable information during our 

reviews.” 

 The NRC will hold the meeting at the State University of New York-Oswego’s Sheldon 

Hall, 7060 Route 104 in Oswego, from 7 to 9:30 p.m. NRC staff presentations will describe the 

overall COL review process, which includes safety and environmental assessments, as well as 

how the public can participate in the process. The NRC will host an open house for an hour prior 

to the meeting so members of the public have the opportunity to talk informally with agency 

staff. 

 A COL, if issued, provides NRC authorization to construct and, with conditions, operate 

a nuclear power plant at a specific site and in accordance with laws and regulations. More 

information on the NRC’s new reactor licensing process is available on the agency’s Web site at: 

http://www.nrc.gov/reactors/new-reactor-licensing.html. 

The EPR is a large pressurized water reactor of evolutionary design, with a design output 

of approximately 1,600 MWe. The EPR’s designer, Areva, filed an application Dec. 11, 2007, to 

certify the design. The EPR application, minus proprietary or security-related details, is available 

on the NRC Web site at: http://www.nrc.gov/reactors/new-licensing/design-cert/epr.html.

### 

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-145 August 5, 2008
### §152403. Board of directors

(a) General.—The board of directors is the governing body of the corporation.

(b) Members and Appointment.—(1) The Librarian of Congress (hereafter in this chapter referred to as the "Librarian") is an ex officio nonvoting member of the board. Not later than 90 days after the date of the enactment of this chapter, the Librarian shall appoint the directors to the board in accordance with paragraph (2).

(2)(A) The board consists of 12 directors.

(B) Each director shall be a United States citizen.

(C) At least 8 directors shall be knowledgeable or experienced in sound recording production, distribution, preservation, or restoration, including two who are sitting members of the National Recording Preservation Board. These 8 directors shall, to the extent practicable, represent diverse points of view from the sound recording community.

(3) A director is not an employee of the Library of Congress and appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States.

(4) The terms of office of the directors are 4 years.

(5) A vacancy on the board shall be filled in the manner in which the original appointment was made.

(c) Chair.—The Librarian shall appoint one of the directors as the initial chair of the board for a 2-year term. Thereafter, the chair shall be appointed and removed in accordance with the bylaws of the corporation.

(d) Quorum.—The number of directors constituting a quorum of the board shall be established under the bylaws of the corporation.

(e) Meetings.—The board shall meet at the call of the Librarian for regularly scheduled meetings.

(f) Reimbursement of Expenses.—Directors shall serve without compensation but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.

(g) Liability of Directors.—Directors are not personally liable, except for gross negligence.

(Added Pub. L. 106–474, title II, §201(a), Nov. 9, 2000, 114 Stat. 2092; amended Pub. L. 110–336, §2(b)(2), Oct. 2, 2008, 122 Stat. 3727; Pub. L. 114–217, §2(b)(2), July 29, 2016, 130 Stat. 840.)

#### **Editorial Notes**

#### References in Text

The date of the enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 106–474, which was approved Nov. 9, 2000.

#### Amendments

2016—Subsec. (b)(2)(A). Pub. L. 114–217, §2(b)(2)(A), substituted "12 directors" for "nine directors".

Subsec. (b)(2)(C). Pub. L. 114–217, §2(b)(2)(B), substituted "8 directors" for "six directors" in two places.

2008—Subsec. (b)(4). Pub. L. 110–336 struck out at end "An individual may not serve more than two consecutive terms."
t

EMPLOYER STATUS DETERMINATION

The Ahnapee and western Railway company

This is the determination of the Railroad Retirement Board

concerning the status of The Ahnapee and Western Railway Company

(AWR) (BA No. 2601) as an employer under the Railroad Retirement

Act (45 U.S.C. §231 et sea.) (RRA) and the Railroad Unemployment

Insurance Act (45 U.S.C. §351 et sea. ) (RUIA) . AWR has been an

employer under the Acts, with service creditable from January 1,

1979 .

On August 27, 1993, all of AWR's assets relating to railroad

operations were sold to Fox Valley & Western Ltd. (BA No. 5622).

Most employees last performed compensated service on August 27,

1993; however, a small group of employees wound down the accounting

and other administrative operations until November 19, 1993.

Authority for the sale is contained in Interstate Commerce

Commission Finance Docket No. 32035.

Based upon the information summarized above, the Board determines

that The Ahnapee and Western Railway Company ceased to be a carrier

employer under the RRA and the RUIA effective November 19, 1993.

Glen L. Bower 1

'Jerome F. Kever

BCD 1995-17 BA # 2601
### §1389. Clean watersheds needs survey

#### (a) Requirement

Not later than 2 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Administrator shall—

(1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title for assistance from State water pollution control revolving funds; and

(2) submit to Congress a report describing the results of the assessment completed under paragraph (1).

#### (b) Authorization of appropriations

There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended.

(June 30, 1948, ch. 758, title VI, §609, as added Pub. L. 117–58, div. E, title II, §50220, Nov. 15, 2021, 135 Stat. 1180.)
### §2101. Congressional statement of findings and purpose

(a) The Congress finds that—

(1) although fishery products provide an important source of protein and industrial products for United States consumption, United States fishery production annually falls far short of satisfying United States demand;

(2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources;

(3) escalated energy costs have had a negative effect on the economics of United States commercial and recreational fisheries;

(4) commercial and recreational fisheries are a prominent factor in United States coastal economies and the direct and indirect returns to the United States economy from commercial and recreational fishing expenditures are threefold; and

(5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies.

(b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter.

(Pub. L. 98–623, title II, §202, Nov. 8, 1984, 98 Stat. 3394.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 98–623, which in addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections 1220, 1220a, 1220b, and 1220c of Title 16.

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 98–623, title II, §201, Nov. 8, 1984, 98 Stat. 3394, provided that: "This title [enacting this chapter and section 1220d of Title 16, Conservation, and amending sections 1220 to 1220c of Title 16] may be cited as the 'National Fishing Enhancement Act of 1984'."
exv10w20



 





Exhibit 10.20








2003 — 2004 STRATEGIC INCENTIVE PLAN (SIP)



	 	 	 	 	 	 	 
	Purpose	 	Reward achievement of two year goals.
	 
	 	 	 	 	 	 
	Eligibility	 	Key managers and above identified on an individual basis.
	 
	 	 	 	 	 	 
	Participation Level	 	Individual awards are based on salary paid in final year of two-year performance period.
	 
	 	 	 	 	 	 
	Target Incentives	 	Sum of target incentive opportunity as a percent of salary times salary for all
eligible participants.
	 
	 	 	 	 	 	 
	Performance Measures	 	Funding to be based on performance versus the following measures:
	

	 	Ø
	 	60% overall Corporate Brunswick Value Added (BVA). BVA defined as profits after-tax;
reduced for cost of capital charge (capital to include working, fixed and other assets;
cost of capital will include debt and equity).	 	 
	

	 	Ø
	 	40% performance against Strategic Factors:	 	 








	 	•	 	For Division employees based on Division’s strategic factor performance
	 
	 	•	 	For headquarters employees based on average of all Division results

	 
	 	•	 	Factors include:






	 	•	 	Customer satisfaction
	 	•	 	Growth in market share
	 	•	 	Product innovation (percent of sales from new products)
	 	•	 	Employee satisfaction





	 	 	 	 	 	 	 
	Performance Levels:
	 	 	 	 	 	 
	Ø Threshold

	 	Ø
	 	Minimum performance level supporting the funding of any variable incentive pay.	 	 
	Ø Target

	 	Ø
	 	Agreed upon performance level, typically tied to business plans for performance period.	 	 
	Ø Stretch

	 	Ø
	 	Performance necessary to support funding at twice target level.	 	 
	 
	 	 	 	 	 	 
	Performance Period	 	Two-year overlapping performance periods will be used.
	 
	 	 	 	 	 	 
	Overall Funding	 	Overall funding will be the sum of BVA funding and strategic factor funding.
	 
	 	 	 	 	 	 
	Funding Review

and Approval	 	The following steps will be taken to review and approve funding:
	

	 	Ø
	 	CFO will review actual results quarterly to evaluate established accruals.	 	 
	

	 	Ø
	 	CEO will review performance at end of performance period and approve funding or
recommend funding to Human Resource and Compensation Committee.	 	 
	

	 	Ø
	 	Committee will review and approve funding.	 	 
	 
	 	 	 	 	 	 
	Maximum Funding	 	None
	 
	 	 	 	 	 	 
	Individual Awards	 	Individual awards will be determined on a discretionary basis using evaluation of
individual performance for the performance period, target incentives as a percent of
salary and covered salary (actual received for final year of performance period).
	 
	 	 	 	 	 	 
	 	 	Individuals must be employed through end of performance period to receive an award,
except those terminating due to death or permanent and total disability will be
eligible to receive awards.
	 
	 	 	 	 	 	 
	Timing of Award

Payments	 	As soon as practical after financial results are confirmed and appropriate approvals
obtained.






Nothing contained in these materials constitutes or is intended to create a
promise of an individual incentive award or a contract of continued employment.
Employment is at-will and may be terminated by either the employee or
Corporation for any reason at any time.
NRC TO CONDUCT PUBLIC WORKSHOP ON SAFETY AND SECURITY 

CULTURE POLICY STATEMENT JAN. 28 IN ROCKVILLE, MD. 

The Nuclear Regulatory Commission will conduct a public workshop Wednesday, Jan. 28, 

in Rockville, Md., to discuss issues involved in expanding the Commission’s policy of safety 

culture to include security aspects and in applying the policy to all regulated facilities and users of 

nuclear materials. 

The workshop will be held in the NRC Auditorium at 11545 Rockville Pike in Rockville. 

Registration and an open house will be held from 8 to 8:30 a.m. and the formal workshop will be 

held from 8:30 a.m. to 4:30 p.m. The open house will continue after the formal meeting from 4:30 

to 5:30 p.m. 

NRC Chairman Dale Klein will speak at the beginning of the workshop stressing the 

importance of all nuclear plants and materials users establishing and maintaining a strong safety and 

security culture – a work environment where management and employees are dedicated to putting 

safety and security first. 

Panels, made up of a range of stakeholders, will discuss their views on questions such as: 

• Should the NRC combine its expectations for safety culture and security culture or 

should the NRC keep its expectations separate? 

• How should NRC increase attention to safety culture and security culture in the 

materials area? 

• Does safety culture as applied to reactors need to be strengthened? 

 The public is invited to participate in this workshop by providing comments and asking 

questions throughout the meeting. A detailed workshop agenda is available on NRC’s Web site at: 

http://www.nrc.gov/public-involve/public-meetings/index.cfm. 

 Teleconferencing and Webinar broadcasting will be available for interested members of the 

public unable to travel to the meeting. For either of these options, contact by Jan. 26, June Cai at 

301-415-5192, e-mail June.cai@nrc.gov or Pete Hernandez at 301-415-8319, e-mail 

pete.hernandez@nrc.gov, or call 1-800-368-5642 and ask to be connected to one of these contacts. 

### 

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 09-016 January 23, 2009
### §40501. Organization

(a) Federal Charter.—Congressional Medal of Honor Society of the United States of America (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40501 | 36:791. | Aug. 14, 1958, Pub. L. 85–642, §§1, 2, 72 Stat. 597. |
| | 36:792. | |

Section

This section is substituted for 36:791 for consistency in the revised title and to eliminate executed and unnecessary language. The text of 36:792 is omitted as executed and obsolete.
PUBLIC LAW 107–35—AUG. 20, 2001 115 STAT. 217

LEGISLATIVE HISTORY—H.R. 1753:

CONGRESSIONAL RECORD, Vol. 147 (2001):

June 20, considered and passed House.

Aug. 3, considered and passed Senate.

Public Law 107–35

107th Congress

An Act

To designate the facility of the United States Postal Service located at 419 Rutherford

Avenue, N.E., in Roanoke, Virginia, as the ‘‘M. Caldwell Butler Post Office Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The facility of the United States Postal Service located at

419 Rutherford Avenue, N.E., in Roanoke, Virginia, shall be known

and designated as the ‘‘M. Caldwell Butler Post Office Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘M. Caldwell

Butler Post Office Building’’.

Approved August 20, 2001.

Aug. 20, 2001

[H.R. 1753]