25336 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: 10 CFR Part 25—Access 

Authorization for Licensee Personnel. 

3. The form number if applicable: N/ 

A.. 

4. How often the collection is 

required: On occasion. 

5. Who will be required or asked to 

report: NRC-regulated facilities and 

other organizations requiring access to 

NRC-classified information. 

6. An estimate of the number of 

annual responses 1,594 {1,516 Total 

Responses for reporting + 78 

Recordkeepers}. 

7. The estimated number of annual 

respondents: 78. 

8. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 417 hours (371 

hours for reporting and 46 hours for 

recordkeeping) or approximately .26 

hours per response. 

9. An indication of whether Section 

3507(d), Pub. L. 104–13 applies: N/A. 

10. Abstract: NRC-regulated facilities 

and other organizations are required to 

provide information and maintain 

records to ensure that an adequate level 

of protection is provided NRC-classified 

information and material. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by June 4, 2007. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Margaret A. Malanoski, Office of 

Information and Regulatory Affairs 

(3150–0046), NEOB–10202, Office of 

Management and Budget, Washington, 

DC 20503. 

Comments can also be e-mailed to 

Margaret_A._Malanoski@omb.eop.gov 

or submitted by telephone at (202) 395– 

3122. 

The NRC Clearance Officer is 

Margaret A. Janney, (301) 415–7245. 

Dated at Rockville, Maryland, this 26th day 

of April, 2007. 

For the Nuclear Regulatory Commission. 

Margaret A. Janney, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E7–8554 Filed 5–3–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

1. Type of submission, new, revision, 

or extension: Revision. 

2. The title of the information 

collection: 10 CFR Part 95—Facility 

Security Clearance and Safeguarding of 

National Security Information and 

Restricted Data. 

3. The form number if applicable: 

N/A. 

4. How often the collection is 

required: On occasion. 

5. Who will be required or asked to 

report: NRC-regulated facilities and 

other organizations requiring access to 

NRC-classified information. 

6. An estimate of the number of 

annual responses: 308 responses (298 

plus 10 recordkeepers). 

7. The estimated number of annual 

respondents: 16. 

8. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 954 hours (805 

hours reporting [3 hrs per response] and 

149 hours recordkeeping [15 hrs per 

recordkeeper]). 

9. An indication of whether Section 

3507(d), Pub. L. 104–13 applies: N/A. 

10. Abstract: NRC-regulated facilities 

and other organizations are required to 

provide information and maintain 

records to ensure that an adequate level 

of protection is provided to NRCclassified information and material. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by June 4, 2007. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Margaret A. Malanoski, 

Office of Information and Regulatory 

Affairs (3150–0047), NEOB–10202, 

Office of Management and Budget, 

Washington, DC 20503. 

Comments can also be e-mailed to 

Margaret_A._Malanoski@omb.eop.gov 

or submitted by telephone at (202) 395– 

3122. 

The NRC Clearance Officer is 

Margaret A. Janney, (301) 415–7245. 

Dated at Rockville, Maryland, this 26th day 

of April, 2007. 

For the Nuclear Regulatory Commission. 

Margaret A. Janney, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E7–8559 Filed 5–3–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–255–LT; ASLBP No. 07–853– 

01–LT–BD01] 

Consumers Energy Company, Nuclear 

Management Company, LLC, Entergy 

Nuclear Palisades, LLC, and Entergy 

Nuclear Operations, INC.; Designation 

of Presiding Officer 

Pursuant to delegation by the 

Commission, see 37 FR 28,710 (Dec. 29, 

1972), and the Commission’s 

regulations, see 10 CFR 2.313(a)(2), 


cprice-sewell on DSK89S0YB1PROD with NOTICES
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices 25337 

1Attachment 1 contains sensitive information 

and will not be released to the public. 

2 ‘‘Order Imposing Fingerprinting and Criminal 

History Records Check Requirements for Access to 

Safeguards Information (Effective Immediately),’’ 

(EA–06–203) dated September 29, 2006, (71 FR 

59140, Oct. 6, 2006) (ML061510049). 

2.318, 2.1300, and 2.1319(a), notice is 

hereby given that a member of the 

Atomic Safety and Licensing Board 

Panel is being designated as Presiding 

Officer in the following proceeding in 

compliance with the Commission’s 

directions in its Memorandum and 

Order dated April 26, 2007 

(CLI–07–18): 

Consumers Energy Company, Nuclear 

Management Company, LLC, Entergy 

Nuclear Palisades, LLC, and Entergy 

Nuclear Operations, Inc. (Palisades 

Nuclear Power Plant) 

This proceeding, which will be 

conducted pursuant to 10 CFR Part 2 

Subpart M of the Commission’s 

Regulations, ‘‘Procedures for Hearings 

on License Transfer Applications,’’ 

concerns a Notice of Consideration of 

Approval of Transfer of Facility 

Operating License and Conforming 

Amendment and Opportunity for a 

Hearing published in the Federal 

Register at 71 FR 66,805 (Nov. 16, 

2006). The Commission is considering 

issuing an order approving the transfer 

of Facility Operating License No. DPR– 

20 for Palisades Nuclear Plant currently 

held by Consumers Energy Company 

and Nuclear Management Company, 

LLC to Entergy Nuclear Palisades, LLC 

and Entergy Nuclear Operations, Inc. As 

relevant here, in CLI–07–18 (slip op. at 

4), the Commission determined that 

petitioners Van Buren County and 

Covert Township have standing in this 

proceeding. The Commission deferred 

ruling on the admissibility of the 

contentions proffered by the County and 

the Township, but it granted their 

request for access to proprietary 

information redacted by the applicants 

from the license transfer application (id. 

at 14). The Commission directed the 

applicants to provide the County and 

Township access to the unredacted 

version of the application pursuant to a 

confidentiality agreement (id. at 16–17). 

Unless and until directed otherwise by 

the Commission, the Presiding Officer’s 

responsibilities shall be limited to 

resolving any disputes regarding the 

County’s and Township’s access to 

proprietary information in the 

application (id. at 17, 18). 

The Presiding Officer is: 

Administrative Judge Michael C. Farrar, 

Atomic Safety and Licensing Board 

Panel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

All correspondence, documents, and 

other materials relating to disputes 

regarding the County’s and Township’s 

access to proprietary information in the 

application shall be filed with the 

Presiding Officer in accordance with 10 

CFR 2.302. 

Issued at Rockville, Maryland, this 30th 

day of April 2007. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E7–8549 Filed 5–3–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–074] 

In the Matter of All Research and Test 

Reactor Licensees Identified in 

Attachment 1; Order Imposing 

Fingerprinting and Criminal History 

Records Check Requirements for 

Unescorted Access to All Research 

and Test Reactor Licensees Identified 

in Attachment 1 (Effective Immediately) 

I 

The Licensees identified in 

Attachment 1 1 to this Order hold 

licenses as research and test reactors 

(RTRs) issued in accordance with the 

Atomic Energy Act (AEA) of 1954, as 

amended, by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission). 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 

permitted unescorted access to a 

utilization facility, which includes the 

RTRs listed in Attachment 1 to this 

Order. 

II 

Prior to September 11, 2001, the 

Commission established physical 

protection requirements applicable to 

RTRs, which included storing and using 

the special nuclear material in 

controlled access areas, monitoring the 

controlled access areas for unauthorized 

activities, and ensuring a response to all 

unauthorized activities. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC took 

various actions to ensure the 

acceptability of individuals for 

unescorted access to RTRs. RTRs were 

advised to consider taking additional 

precautions including observation of 

activities within their facility, and 

licensee precautions were evaluated at 

specific RTR sites in the remainder of 

2001. From 2002 through 2004, RTRs 

implemented compensatory measures 

(CMs), which included site-specific 

background investigations or checks. 

Additionally, in January 2003, NRC sent 

the names of and information on all 

individuals with unescorted access at 

RTRs to U.S. intelligence agencies for 

review. This review found no issues. 

Individuals with unescorted access 

since January 2003 have undergone sitespecific background investigations or 

checks, which were implemented as 

part of CMs implemented at RTRs in 

response to NRC initiatives. 

The RTR site-specific background 

investigations and checks were 

established using a graded approach, 

considering the specific configuration, 

uses and radiological risk of each 

facility, to provide acceptable protection 

of the nuclear material and any 

associated radioactive materials. The 

background investigations and checks at 

a minimum verify identity, nationality, 

immigration status (if applicable), and 

determine whether the individual 

demonstrates a pattern of trustworthy 

and reliable behavior through facilityspecific verification of various aspects 

of a person’s background. These 

verifications include consideration of 

educational, military, employment and 

criminal histories. With regard to 

criminal history, some of the RTR 

facilities use FBI fingerprint-based 

criminal history records checks, while 

others use either State fingerprint-based 

criminal history records checks or 

criminal history records checks which 

do not include fingerprints. These 

background investigations or checks, 

through a combination of various 

elements, have provided additional 

assurance for the protection of the 

specific facility from potential 

radiological risk from insider threats. 

Further, RTRs are required by Orders 

dated September 29, 2006, to have FBI 

fingerprint-based identification and 

criminal history records checks for 

persons allowed access to Safeguards 

Information.2 These individuals are 

those who are allowed access to the 

details of security plans or procedures at 

the specific facility and, therefore, have 

actual knowledge and ability to affect 

the facility security. Therefore, those 

Orders provide additional assurance 

that security information and associated 

RTRs facilities are adequately protected. 

Previously, AEA Section 149 only 

required fingerprinting and criminal 

history records checks of persons 


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