9182 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices 

accommodations (e.g., a transcript), 

email foia-advisory-committee@

nara.gov or call 202.741.5770. Members 

of the media who wish to register, those 

who are unable to register online, and 

those who require special 

accommodations, should contact 

Kirsten Mitchell (contact information 

listed above). 

Merrily Harris, 

Committee Management Officer. 

[FR Doc. 2024–02732 Filed 2–8–24; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

Arts Advisory Panel Meetings 

AGENCY: National Endowment for the 

Arts. 

ACTION: Notice of meetings. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, as amended, 

notice is hereby given that 1 meeting of 

the Arts Advisory Panel to the National 

Council on the Arts will be held by 

teleconference or videoconference. 

DATES: See the SUPPLEMENTARY

INFORMATION section for individual 

meeting times and dates. All meetings 

are Eastern time and ending times are 

approximate: 

ADDRESSES: National Endowment for the 

Arts, Constitution Center, 400 7th St. 

SW, Washington, DC 20506. 

FOR FURTHER INFORMATION CONTACT: 

Further information with reference to 

these meetings can be obtained from 

David Travis, Office of Guidelines & 

Panel Operations, National Endowment 

for the Arts, Washington, DC 20506; 

travisd@arts.gov, or call 202–682–5001. 

SUPPLEMENTARY INFORMATION: The 

closed portions of meetings are for the 

purpose of Panel review, discussion, 

evaluation, and recommendations on 

financial assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency. In accordance 

with the determination of the Chair of 

March 11, 2022, these sessions will be 

closed to the public pursuant to 5 U.S.C. 

10. 

The upcoming meetings are: 

FY25 Federal Advisory Committee on 

International Exhibitions (review of 

applications): This meeting will be 

closed. 

Date and time: March 12, 2024; 2 p.m. 

to 4 p.m. 

Dated: February 6, 2024. 

David Travis, 

Specialist, National Endowment for the Arts. 

[FR Doc. 2024–02693 Filed 2–8–24; 8:45 am] 

BILLING CODE 7537–01–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

The National Science Board’s 

Committee on Awards and Facilities 

(A&F) hereby gives notice of the 

scheduling of a teleconference for the 

transaction of National Science Board 

business pursuant to the NSF Act and 

the Government in the Sunshine Act. 

TIME AND DATE: Monday, February 12, 

2024, from 1:00–2:00 p.m. Eastern. 

PLACE: This meeting will be via 

videoconference through the National 

Science Foundation, 2415 Eisenhower 

Avenue, Alexandria, VA 22314. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: The agenda 

is: Committee Chair’s opening remarks 

about the agenda; Discussion of the 

Astro2020 Decadal Recommendations; 

Vote on proposed resolution. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

Chris Blair, cblair@nsf.gov, 703/292– 

7000. Meeting information and updates 

may be found at www.nsf.gov/nsb. 

Christopher Blair, 

Executive Assistant to the National Science 

Board Office. 

[FR Doc. 2024–02707 Filed 2–6–24; 4:15 pm] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Service Contract Inventory; Notice of 

Availability 

AGENCY: National Science Foundation. 

ACTION: Notice. 

SUMMARY: The Division of Acquisition 

and Cooperative Support within the 

National Science Foundation (NSF) is 

publishing this notice to advise the 

public of the availability of its Fiscal 

Year (FY) 2023 Service Contracts 

Inventory Analysis Report. 

FOR FURTHER INFORMATION CONTACT: 

Raymond McCollum, Policy Branch 

Chief, Division of Acquisition and 

Cooperative Support, National Science 

Foundation. Phone: 703–292–4225; 

email: rmccollu@nsf.gov. 

SUPPLEMENTARY INFORMATION: NSF’s FY 

2023 Service Contract Inventory 

Analysis Report is included as part of a 

governmentwide service contract 

inventory. The inventory includes 

covered service contracts that were 

awarded in FY 2023. The NSF analyzes 

this data for the purpose of determining 

whether its contract labor is being used 

in an effective and appropriate manner 

and if the mix of federal employees and 

contractors in the agency is effectively 

balanced. The report does not include 

contractor proprietary or sensitive 

information. 

The FY 2023 Service Contract 

Inventory Analysis Report is provided at 

the following link: https://www.nsf.gov/ 

bfa/dcca/contracts/index.jsp. 

Authority: 42 U.S.C. 1861, et seq. 

Dated: February 2, 2024. 

Raymond L. McCollum, 

Policy Branch Chief, National Science 

Foundation. 

[FR Doc. 2024–02656 Filed 2–8–24; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–0152; NRC–2024–0021] 

Purdue University; License Renewal 

Application 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Acceptance for docketing; 

opportunity to request a hearing and to 

petition for leave to intervene; order 

imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has received an 

application from Purdue University 

(Purdue or the applicant), to renew 

Special Nuclear Material (SNM) License 

Number 142 (SNM–142). The renewed 

license would authorize the applicant to 

continue to use SNM in various research 

operations, calibration, and testing at its 

campus in West Lafayette, Indiana. If 

the license renewal application is 

approved, the license would authorize 

Purdue to continue to possess and use 

SNM under NRC regulations for 10 

years beyond its current license. 

Because the license application contains 

sensitive unclassified non-safeguards 

information (SUNSI) and safeguards 

information (SGI), an order imposes 

procedures to obtain access to SUNSI 

and SGI for contention preparation. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by April 9, 2024. Any potential 

party as defined in section 2.4 of title 10 

of the Code of Federal Regulations (10 

CFR) who believes access to SUNSI or 

SGI is necessary to respond to this 

notice must request document access by 

February 20, 2024. 


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ADDRESSES: Please refer to Docket ID 

NRC–2024–0021 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to

https://www.regulations.gov and search 

for Docket ID NRC–2024–0021. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: The PDR, where you

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Tobin, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

2328; email: Jennifer.Tobin@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction

The NRC received, by letter dated

September 18, 2023 (ADAMS Package 

Accession No. ML23268A087), an 

application from Purdue to renew its 

license, SNM–142. Purdue is authorized 

to use SNM under 10 CFR part 70, 

‘‘Domestic Licensing of Special Nuclear 

Material,’’ at its campus in West 

Lafayette for research operations, 

calibration, and testing. More 

specifically, Purdue may possess and 

use SNM for, among other things, 

activities associated with the study of 

thermal and mechanical properties of 

uranium dioxide (UO2); activation 

analysis studies, instrument calibration, 

and other research projects as approved 

by the university’s radiation safety 

committee using plutonium-beryllium 

(PuBe) sources; and activities associated 

with the Fast Breeder Blanket Facility. 

The renewed SNM license would 

allow Purdue to continue licensed 

activities for 10 years. Purdue filed the 

original license renewal application on 

July 21, 2023, at least 30 days before the 

license’s expiration date of September 

25, 2023. This original application 

included incorrect security markings, 

leading Purdue to re-submit the 

application (including all of the 

enclosures) with the correct security 

markings by letter dated September 18, 

2023. The NRC staff docketed the 

resubmitted application. Under 10 CFR 

70.38(a), when a licensee files an 

application for renewal not less than 30 

days before the expiration date of the 

existing license, the license will not 

expire until the Commission makes a 

final determination regarding the 

license renewal application. Although 

the original renewal request was 

incorrectly marked, Purdue submitted it 

at least 30 days before the expiration 

date. Therefore, pursuant to the timely 

renewal provisions in 10 CFR 70.38(a), 

Purdue is permitted to continue using 

its SNM in accordance with the existing 

SNM–142 license, pending final 

decision by the Commission on the 

license renewal application. 

An NRC acceptance review of the 

revised application, dated December 13, 

2023 (ADAMS Accession No. 

ML23324A448), found the application 

acceptable for a technical review. In its 

letter accepting the application for a 

technical review, the NRC included 

three observations related to 

information the NRC could potentially 

request during the technical review. 

These observations where that: (1) the 

application was not updated to include 

financial awareness of the Nuclear 

Energy Innovation and Modernization 

Act and the requirements therein; (2) 

the material control and accounting 

portions of the application included 

outdated regulatory citations; and (3) 

the radioactive waste management 

program at Purdue is tied to the NRC’s 

broadscope license under 10 CFR part 

33 and thus, the application should 

highlight what commitments are needed 

for the renewal of the part 70 SNM 

license. During the technical review, the 

NRC will evaluate the application for 

radiation safety, nuclear criticality 

safety, chemical safety, fire safety, 

security, decommissioning, 

decommissioning financial assurance, 

and material control/accountability. The 

NRC will document its findings in a 

safety evaluation report. 

II. Opportunity To Request a Hearing

and Petition for Leave To Intervene

Within 60 days after the date of 

publication of this notice, any person 

(petitioner) whose interest may be 

affected by this action may file a request 

for a hearing and petition for leave to 

intervene (petition) with respect to the 

renewal of the special nuclear materials 

license. Petitions shall be filed in 

accordance with the Commission’s 

‘‘Agency Rules of Practice and 

Procedure’’ in 10 CFR part 2. Interested 

persons should consult 10 CFR 2.309. If 

a petition is filed within 60 days, the 

presiding officer will rule on the 

petition and, if appropriate, a notice of 

a hearing will be issued. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice in accordance with the filing 

instructions in the ‘‘Electronic 

Submissions (E-Filing)’’ section of this 

document. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

2.309(c)(1)(i) through (iii). 

A State, local governmental body, 

Federally recognized Indian Tribe, or 

designated agency thereof, may submit 

a petition to the Commission to 

participate as a party under 10 CFR 

2.309(h), no later than 60 days from the 

date of publication of this notice. 

Alternatively, a State, local 

governmental body, Federally 

recognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

For information about filing a petition 

and about participation by a person not 

a party under 10 CFR 2.315, see ADAMS 

Accession No. ML20340A053 (https:// 

;adamswebsearch2.nrc.gov/webSearch2/ 

main.jsp?Accession

Number=ML20340A053) and on the RC 

website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/ 

hearing.html#participate. 

III. Electronic Submissions (E-Filing)

All documents filed in NRC

adjudicatory proceedings, including 

documents filed by an interested State, 

local governmental body, Federally 

recognized Indian Tribe, or designated 

agency thereof that requests to 

participate under 10 CFR 2.315(c), must 

be filed in accordance with 10 CFR 

2.302. The E-Filing process requires 

participants to submit and serve all 

adjudicatory documents over the 


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1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E-Filing Rule,’’ 

the initial request to access SUNSI and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

internet, or in some cases, to mail copies 

on electronic storage media, unless an 

exemption permitting an alternative 

filing method, as discussed below, is 

granted. Detailed guidance on electronic 

submissions is located in the Guidance 

for Electronic Submissions to the NRC 

(ADAMS Accession No. ML13031A056) 

and on the NRC website at https://

www.nrc.gov/site-help/esubmittals.html. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

Hearing.Docket@nrc.gov, or by 

telephone at 301–415–1677, to (1) 

request a digital identification (ID) 

certificate, which allows the participant 

(or its counsel or representative) to 

digitally sign submissions and access 

the E-Filing system for any proceeding 

in which it is participating; and (2) 

advise the Secretary that the participant 

will be submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at https://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. After a digital ID 

certificate is obtained and a docket 

created, the participant must submit 

adjudicatory documents in Portable 

Document Format. Guidance on 

submissions is available on the NRC’s 

public website at https://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. ET on the due date. Upon receipt 

of a transmission, the E-Filing system 

timestamps the document and sends the 

submitter an email confirming receipt of 

the document. The E-Filing system also 

distributes an email that provides access 

to the document to the NRC’s 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, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed to obtain access to 

the documents via the E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at https:// 

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., ET, Monday 

through Friday, except Federal holidays. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted in accordance with 

10 CFR 2.302(b)–(d). Participants filing 

adjudicatory documents in this manner 

are responsible for serving their 

documents on all other participants. 

Participants granted an exemption 

under 10 CFR 2.302(g)(2) must still meet 

the electronic formatting requirement in 

10 CFR 2.302(g)(1), unless the 

participant also seeks and is granted an 

exemption from 10 CFR 2.302(g)(1). 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket, which is 

publicly available at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the presiding 

officer. If you do not have an NRCissued digital ID certificate as described 

above, click ‘‘cancel’’ when the link 

requests certificates and you will be 

automatically directed to the NRC’s 

electronic hearing dockets where you 

will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information such as social 

security numbers, home addresses, or 

personal phone numbers in their filings 

unless an NRC regulation or other law 

requires submission of such 

information. 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 should not include 

copyrighted materials in their 

submission. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 

B. Within 10 days after publication of 

this notice of hearing or opportunity for 

hearing, any potential party who 

believes access to SUNSI or SGI is 

necessary to respond to this notice may 

request access to SUNSI or SGI. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI or 

SGI submitted later than 10 days after 

publication will not be considered 

absent a showing of good cause for the 

late filing, addressing why the request 

could not have been filed earlier. 

C. The requestor shall submit a letter 

requesting permission to access SUNSI, 

SGI, or both to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, and provide a copy 

to the Deputy General Counsel for 

Licensing, Hearings, and Enforcement, 

Office of the General Counsel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. The 

expedited delivery or courier mail 

address for both offices is: U.S. Nuclear 

Regulatory Commission, 11555 

Rockville Pike, Rockville, Maryland 

20852. The email addresses for the 

Office of the Secretary and the Office of 

the General Counsel are 

Hearing.Docket@nrc.gov and 

RidsOgcMailCenter.Resource@nrc.gov, 

respectively.1 The request must include 

the following information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); 


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2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, NRC staff redaction of information 

from requested documents before their release may 

be appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide the 

requestor’s full name, social security number, date 

and place of birth, telephone number, and email 

address. After providing this information, the 

requestor usually should be able to obtain access to 

the online form within one business day. 

4This fee is subject to change pursuant to DCSA’s 

adjustable billing rates. 

5Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

(3) If the request is for SUNSI, the 

identity of the individual or entity 

requesting access to SUNSI and the 

requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; and 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated 

in 10 CFR 73.2, the statement must 

explain: 

(i) Specifically, why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant, or assistant 

who satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions,’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart C, and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

National Background Investigation 

Services e-App system, a secure website 

that is owned and operated by the 

Defense Counterintelligence and 

Security Agency (DCSA). To obtain 

online access to the form, the requestor 

should contact the NRC’s Office of 

Administration at 301–415–3710.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

will be provided in the background 

check request package supplied by the 

Office of Administration for each 

individual for whom a background 

check is being requested. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR part 2, 

subpart C, 10 CFR 73.22(b)(1), and 

Section 149 of the Atomic Energy Act of 

1954, as amended, which mandates that 

all persons with access to SGI must be 

fingerprinted for an FBI identification 

and criminal history records check. 

(d) A check or money order payable 

in the amount of $310.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(e) If the requestor or any 

individual(s) who will have access to 

SGI believes they belong to one or more 

of the categories of individuals that are 

exempt from the criminal history 

records check and background check 

requirements in 10 CFR 73.59, the 

requestor should also provide a 

statement identifying which exemption 

the requestor is invoking and explaining 

the requestor’s basis for believing that 

the exemption applies. While 

processing the request, the Office of 

Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the need to 

know, are still applicable. 

Note: Copies of documents and materials 

required by paragraphs C.(4)(b), (c), and (d) 

of this Order must be sent to the following 

address: 

U.S. Nuclear Regulatory Commission, 

Office of Administration, ATTN: 

Personnel Security Branch, Mail Stop: 

TWFN–07D04M, 11555 Rockville 

Pike, Rockville, MD 20852 

These documents and materials 

should not be included with the request 

letter to the Office of the Secretary, but 

the request letter should state that the 

forms and fees have been submitted as 

required. 

D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. 

E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4), as applicable, the NRC 

staff will determine within 10 days of 

receipt of the request whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI or 

need to know the SGI requested. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(2), 

the NRC staff will notify the requestor 

in writing that access to SUNSI has been 

granted. The written notification will 

contain instructions on how the 

requestor may obtain copies of the 

requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI.5

G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2), the 

Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 


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9186 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices 

6Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 

7Requestors should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007, as amended at 77 FR 

46562; August 3, 2012, 78 FR 34247, June 7, 2013) 

apply to appeals of NRC staff determinations 

(because they must be served on a presiding officer 

or the Commission, as applicable), but not to the 

initial SUNSI/SGI request submitted to the NRC 

staff under these procedures. 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI must be filed by the 

requestor no later than 25 days after 

receipt of (or access to) that information. 

However, if more than 25 days remain 

between the petitioner’s receipt of (or 

access to) the information and the 

deadline for filing all other contentions 

(as established in the notice of hearing 

or opportunity for hearing), the 

petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, or after a determination 

on trustworthiness and reliability, the 

NRC staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) Before the Office of 

Administration makes a final adverse 

determination regarding the 

trustworthiness and reliability of the 

proposed recipient(s) for access to SGI, 

the Office of Administration, in 

accordance with 10 CFR 2.336(f)(1)(iii), 

must provide the proposed recipient(s) 

any records that were considered in the 

trustworthiness and reliability 

determination, including those required 

to be provided under 10 CFR 

73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. 

(3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI or with 

respect to standing or need to know for 

SGI by filing a challenge within 5 days 

of receipt of that determination with: (a) 

the presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if this 

individual is unavailable, another 

administrative judge, or an 

Administrative Law Judge with 

jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

(4) The requestor may challenge the 

Office of Administration’s final adverse 

determination with respect to 

trustworthiness and reliability for access 

to SGI by filing a request for review in 

accordance with 10 CFR 2.336(f)(1)(iv). 

(5) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

K. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed within 5 days of 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) the presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if this 

individual is unavailable, another 

administrative judge, or an 

Administrative Law Judge with 

jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. The attachment to this 

Order summarizes the general target 

schedule for processing and resolving 

requests under these procedures. 

It is so ordered. 

Dated: February 5, 2024. 

For the Nuclear Regulatory Commission. 

Carrie M. Safford, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

0 ............... Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests. 

10 ............. Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need

for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that 

access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 

60 ............. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does 

not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices 9187 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/activity 

20 ............. U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. 

(For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed 

by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins 

document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to 

know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history 

records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ............. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion 

seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline 

for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information 

to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ............. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ............. (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file 

motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI. 

190 ........... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file 

motion for Protective Order and draft Non-Disclosure Agreement or Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding 

access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 

205 ........... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 

2.336(f)(1)(iv). 

A .............. If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ........ Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. 

A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 

days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as 

established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI 

or SGI contentions by that later deadline. 

A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 .... Decision on contention admission. 

[FR Doc. 2024–02633 Filed 2–8–24; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2023–181; MC2024–182 and 

CP2024–188; MC2024–183 and CP2024–189] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: February 13, 

2024. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at https://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the Market Dominant or 

the Competitive product list, or the 

modification of an existing product 

currently appearing on the Market 

Dominant or the Competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern Market Dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 


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