Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75357

10Such conditions could include additional 

audits, fees, or security requirements.

State Compact Officer, if the Authorized 

Recipient fails to provide a written report 

notifying the State Compact Officer/Chief 

Administrator or the FBI Compact Officer of 

a security violation, or refuses to or is 

incapable of taking corrective action to 

successfully resolve a security violation, the 

Compact Council or the United States 

Attorney General may suspend or terminate 

the exchange of CHRI with the Authorized 

Recipient pursuant to 28 CFR 906.2(d).

b. If the exchange of CHRI is suspended, 

it may be reinstated after satisfactory written 

assurances have been provided to the 

Compact Council Chairman or the United 

States Attorney General by the Compact 

Officer/Chief Administrator, the Authorized 

Recipient and the Contractor that the security 

violation has been resolved. If the exchange 

of CHRI is terminated, the Contractor’s 

records (including media) containing CHRI 

shall be immediately deleted or returned as 

specified by the Authorized Recipient. 

8.04 The Authorized Recipient shall 

provide written notice (through the State 

Compact Officer/Chief Administrator if 

applicable) to the FBI Compact Officer of the 

following: 

a. The termination of a contract for security 

violations. 

b. Security violations involving the 

unauthorized access to CHRI. 

c. The Contractor’s name and unique 

identification number, the nature of the 

security violation, whether the violation was 

intentional, and the number of times the 

violation occurred. 

8.05 The Compact Officer/Chief 

Administrator, Compact Council and the 

United States Attorney General reserve the 

right to investigate or decline to investigate 

any report of unauthorized access to CHRI. 

8.06 The Compact Officer/Chief 

Administrator, Compact Council, and the 

United States Attorney General reserve the 

right to audit the Authorized Recipient and 

the Contractor’s operations and procedures at 

scheduled or unscheduled times. The 

Compact Council, the United States Attorney 

General, and the state are authorized to 

perform a final audit of the Contractor’s 

systems after termination of the contract. 

9.0 Miscellaneous Provisions 

9.01 This Outsourcing Standard does not 

confer, grant, or authorize any rights, 

privileges, or obligations to any persons other 

than the Contractor, the Authorized 

Recipient, Compact Officer/Chief 

Administrator (where applicable), CJIS 

Systems Agency, and the FBI. 

9.02 The following document is 

incorporated by reference and made part of 

this Outsourcing Standard: (1) The CJIS 

Security Policy. 

9.03 The terms set forth in this document 

do not constitute the sole understanding by 

and between the parties hereto; rather they 

provide a minimum basis for the security of 

the system and the CHRI accessed therefrom 

and it is understood that there may be terms 

and conditions of the appended contract 

which impose more stringent requirements 

upon the Contractor.10

9.04 The minimum security measures as 

outlined in this Outsourcing Standard may 

only be modified by the Compact Council. 

Conformance to such security measures may 

not be less stringent than stated in this 

Outsourcing Standard without the consent of 

the Compact Council in consultation with the 

United States Attorney General. 

9.05 This Outsourcing Standard may only 

be modified by the Compact Council and 

may not be modified by the parties to the 

appended contract without the consent of the 

Compact Council. 

9.06 Appropriate notices, assurances, and 

correspondence to the FBI Compact Officer, 

Compact Council, and the United States 

Attorney General required by Section 8.0 of 

this Outsourcing Standard shall be forwarded 

by First Class Mail to: FBI Compact Officer, 

1000 Custer Hollow Road, Module C 3, 

Clarksburg, WV 26306.

[FR Doc. 04–27489 Filed 12–15–04; 8:45 am] 

BILLING CODE 4410–02–P

NATIONAL WOMEN’S BUSINESS 

COUNCIL 

Sunshine Act; Notice of Public Meeting 

In accordance with the Women’s 

Business Ownership Act, Public Law 

106–554 as amended, the National 

Women’s Business Council (NWBC) 

would like to announce a forthcoming 

Council meeting. The meeting will 

introduce the National Women’s 

Business Council’s agenda and action 

items for fiscal year 2005, included and 

not limited to procurement, access to 

capital, access to training and technical 

assistance, access to markets and 

affordable health care.

DATE: Tuesday, January 18, 2005.

ADDRESS: The Small Business 

Administration, Eisenhower Conference 

Room, 409 3rd Street, SW., 2nd Floor, 

Washington, DC.

TIME: 9 a.m. to 1 p.m.

STATUS: Open to the public. Attendance 

by RSVP only.

CONTACT: National Women’s Business 

Council, (202) 205–3850—Katherine 

Stanley. 

Anyone wishing to attend or would 

like to make an oral presentation at the 

meeting must contact Katherine Stanley, 

at (202) 205–6695, no later than 

Monday, January 10, 2005.

Matthew K. Becker, 

Committee Management Officer.

[FR Doc. 04–27616 Filed 12–14–04; 10:23 

am] 

BILLING CODE 8025–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–9022] 

Notice of Consideration of an 

Amendment Request Transferring the 

License for Hartley and Hartley Landfill 

Site, Kawkawlin Township, Michigan, 

From SCA Services to SC Holdings, 

Inc., and Opportunity to Provide 

Comments and Request a Hearing

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice and opportunity to 

provide comments and request a 

hearing. 

DATES: Comments must be provided by 

January 18, 2005. Requests for a hearing 

must be provided by January 5, 2005.

FOR FURTHER INFORMATION CONTACT:

David Nelson, Project Manager, 

Materials Decommissioning Section, 

Decommissioning Directorate, Division 

of Waste Management and 

Environmental Protection, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–3017; fax number: (301) 415–

5397; e-mail: jbh@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is considering issuance of a 

license amendment to Material License 

No. SUC–1565 issued to SCA Services 

(the licensee), to authorize transfer of its 

license to SC Holdings, Inc. License No. 

SUC–1565 was issued on June 14, 1995, 

to SCA Services under Title 10 of the 

Code of Federal Regulations (10 CFR) 

part 40 and authorizes SCA Services to 

possess radioactive materials on site 

leading to decommissioning of the site. 

Pursuant to 10 CFR 40.44, no license 

issued or granted under the regulations 

in part 40 shall be transferred, assigned, 

or in any manner disposed of, either 

voluntarily or involuntarily, directly or 

indirectly, through transfer of control of 

any license to any person unless the 

Commission shall, after securing full 

information that the transfer is in 

accordance with the provisions of the 

Atomic Energy Act of 1954, as amended 

(AEA), and shall give its consent in 

writing. Therefore, before the issuance 

of an amendment, the NRC will have 

made the findings required by the AEA, 

and NRC’s regulations. These findings 

will be documented in a Safety 

Evaluation Report. An Environmental 

Assessment (EA) will not be performed 

because, pursuant to 10 CFR 

51.22(c)(21), this action is categorically 

75358 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

excluded from the requirement to 

perform an EA. 

II. Opportunity To Provide Written 

Comments 

The NRC hereby provides notice that 

this is a proceeding regarding an 

application for a license amendment 

regarding the transfer of NRC License 

No. SUC–1565 from SCA Services to SC 

Holdings, Inc. In accordance with 10 

CFR 2.1305, any person may submit 

written comments regarding this license 

transfer to the NRC as an alternative to 

requests for hearings and petitions to 

intervene. Comments with respect to 

this action should be provided in 

writing by January 18, 2005. Comments 

should be addressed to the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff. 

Written comments should also be 

transmitted to the Secretary of the 

Commission either by means of 

facsimile transmission to (301) 415–

1101, or by e-mail to SECY@nrc.gov.

Comments received after 30 days will be 

considered if practicable to do so, but 

only those comments received on or 

before the due date can be assured 

consideration. 

III. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a license amendment regarding the 

transfer of NRC License No. SUC–1565 

from SCA Services to SC Holdings, Inc. 

In accordance with the general 

requirements in subpart C of 10 CFR 

part 2, as amended on January 14, 2004 

(69 FR 2182), any person whose interest 

may be affected by this proceeding and 

who desires to participate as a party 

must file a written request for a hearing 

and a specification of the contentions 

which the person seeks to have litigated 

in the hearing. 

In accordance with 10 CFR 2.302 (a), 

a request for a hearing must be filed 

with the Commission either by: 

1. First class mail addressed to: Office 

of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attention: Rulemakings 

and Adjudications; 

2. Courier, express mail, and 

expedited delivery services: Office of 

the Secretary, Sixteenth Floor, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852, Attention: 

Rulemakings and Adjudications Staff, 

between 7:45 a.m. and 4:15 p.m., 

Federal workdays; 

3. E-mail addressed to the Office of 

the Secretary, U.S. Nuclear Regulatory 

Commission, 

HEARINGDOCKET@NRC.GOV; or 

4. By facsimile transmission 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC, Attention: 

Rulemakings and Adjudications Staff, at 

(301) 415–1101; verification number is 

(301) 415–1966. 

In accordance with 10 CFR 2.302 (b), 

all documents offered for filing must be 

accompanied by proof of service on all 

parties to the proceeding or their 

attorneys of record as required by law or 

by rule or order of the Commission, 

including: 

1. The applicant, by delivery to Waste 

Management, Inc., 700 56th Avenue, 

Zeeland, MI, 49464, Attention: Philip 

M. Mazor, and, 

2. The NRC staff, by delivery to the 

Office of the General Counsel, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852, or by mail 

addressed to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Hearing requests should also be 

transmitted to the Office of the General 

Counsel, either by means of facsimile 

transmission to (301) 415–3725, or by email to ogcmailcenter@nrc.gov.

The formal requirements for 

documents contained in 10 CFR 2.304 

(b), (c), (d), and (e), must be met. In 

accordance with 10 CFR 2.304 (f), a 

document filed by electronic mail or 

facsimile transmission need not comply 

with the formal requirements of 10 CFR 

2.304 (b), (c), and (d), as long as an 

original and two (2) copies otherwise 

complying with all of the requirements 

of 10 CFR 2.304 (b), (c), and (d) are 

mailed within two (2) days thereafter to 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and 

Adjudications Staff. 

In accordance with 10 CFR 2.309 (b), 

a request for a hearing must be filed by 

January 5, 2005. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving a request for a hearing filed by 

a person other than an applicant must 

state:

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Atomic Energy Act to be 

made a party to the proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and, 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and, 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application, supporting safety analysis 

report, environmental report or other 

supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental impact statement, 

environmental assessment, or any 

supplements relating thereto, that differ 

significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75359

1 IEEE publications may be purchased from the 

IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 

08854.

after the initial filing only with leave of 

the presiding officer. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Safety Evaluation 

Report for the proposed action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Environmental Report 

for the proposed action. 

3. Emergency Planning—primarily 

concerns issues relating to matters 

discussed or referenced in the 

Emergency Plan as it relates to the 

proposed action.

4. Physical Security—primarily 

concerns issues relating to matters 

discussed or referenced in the Physical 

Security Plan as it relates to the 

proposed action. 

5. Miscellaneous—does not fall into 

one of the categories outlined above. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so in writing within ten days of the date 

the contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

IV. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

number for the document related to this 

notice is the August 9, 2004, letter 

requesting that the license be amended, 

ADAMS Accession No. ML042510430. 

If you do not have access to ADAMS or 

if there are problems accessing the 

documents located in ADAMS, contact 

the NRC’s Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov.

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Please note that on October 25, 2004, 

the NRC suspended public access to 

ADAMS, and initiated an additional 

security review of publicly available 

documents to ensure that potentially 

sensitive information is removed from 

the ADAMS database accessible through 

the NRC’s Web site. Interested members 

of the public may obtain copies of the 

referenced documents for review and/or 

copying by contacting the Public 

Document Room pending resumption of 

public access to ADAMS. The NRC 

Public Document Room is located at 

NRC Headquarters in Rockville, MD, 

and can be contacted at 800–397–4209 

or 301–415–4737 or pdr@nrc.gov.

Dated in Rockville, Maryland this 9th day 

of December, 2004.

For the Nuclear Regulatory Commission. 

Daniel M. Gillen, 

Deputy Director, Decommissioning 

Directorate, Division of Waste Management 

and Environmental Protection, Office of 

Nuclear Material Safety and Safeguards.

[FR Doc. 04–27492 Filed 12–15–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Draft Regulatory Guide; Issuance, 

Availability 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued for public 

comment a draft revision to an existing 

guide in the agency’s Regulatory Guide 

Series. This series has been developed 

to describe and make available to the 

public such information as methods that 

are acceptable to the NRC staff for 

implementing specific parts of the 

NRC’s regulations, techniques that the 

staff uses in evaluating specific 

problems or postulated accidents, and 

data that the staff needs in its review of 

applications for permits and licenses. 

The draft Revision 2 of Regulatory 

Guide 1.152, entitled ‘‘Criteria for Use of 

Computers in Safety Systems of Nuclear 

Power Plants,’’ is temporarily identified 

by its task number, DG–1130, which 

should be mentioned in all related 

correspondence. The regulatory guide 

describes a method that is acceptable to 

the NRC staff for complying with the 

NRC’s regulations for promoting high 

functional reliability and design quality 

for the use of computers in safety 

systems of nuclear plants. For the 

purposes of DG–1130, the term 

‘‘computer’’ means a system that 

includes computer hardware, software, 

firmware, and interfaces. 

The guidance provided in DG–1130 is 

consistent with General Design Criterion 

(GDC) 21, ‘‘Protection System Reliability 

and Testability,’’ of appendix A, 

‘‘General Design Criteria for Nuclear 

Power Plants,’’ to title 10, part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ of the Code of 

Federal Regulations (10 CFR part 50). 

Among other things, GDC 21 requires 

that protection systems (or safety 

systems) must be designed for high 

functional reliability, commensurate 

with the safety functions to be 

performed. In addition, Criterion III, 

‘‘Design Control,’’ of appendix B, 

‘‘Quality Assurance Criteria for Nuclear 

Power Plants and Fuel Reprocessing 

Plants,’’ to 10 CFR part 50 requires, 

among other things, that quality 

standards must be specified, and design 

control measures must be provided, for 

verifying or checking the adequacy of 

design. 

The new draft regulatory guide DG–

1130 also contains the staff’s regulatory 

position on the ‘‘Standard Criteria for 

Digital Computers in Safety Systems of 

Nuclear Power Generating Stations,’’ 1

which the Nuclear Power Engineering 

Committee of the Institute of Electrical 

and Electronics Engineers (IEEE) has 

promulgated as IEEE Std 7–4.3.2–2003. 

The NRC staff has collaborated in the 

development of IEEE Std 7–4.3.2–2003 

to ensure that the guidance provided by 

the consensus standard is consistent 

with the NRC’s regulations. This 

standard evolved from IEEE Std 7–

4.3.2–1993 and reflects advances in 

digital technology. It also represents a 

continued effort by IEEE to support the 

specification, design, and 

implementation of computers in safety 

systems of nuclear power plants. In 

addition, IEEE Std 7–4.3.2–2003 

specifies computer-specific 

requirements to supplement the criteria 

and requirements of IEEE Std 603–1998, 

‘‘Standard Criteria for Safety Systems 

for Nuclear Power Generating Stations.’’

It is the staff’s intent to endorse IEEE 

Std 7–4.3.2–2003, with certain 

exceptions, in the final regulatory guide 

as an acceptable method for satisfying 

the NRC’s regulations with respect to (1) 

high functional reliability and design 

requirements for computers used in 

safety systems of nuclear power plants,